STATE OF NEW YORK. 



REPORT 



REGENTS OF THE UNIVERSITY 



BOUNDARIES 



STATE OF NEW YORK. 



\ 



Transmitted to the Legislature May 28th, 1878. 



ALBANY: 

THE ARGUS COMPANY, PRINTERS. 

1874. 



^ 



IN SENATE, 

May 28, 1873. 

Resolved, That one thousand extra copies of the Report of the Regents 
of the University on the boundaries of the State, under the Senate 
resolution of April 19, 1867, be printed and bound for the use of the 
Regents, and five hundred like extra copies for the use of the Senate. 



,fot{Y\.&\ 



STATE OF NEW YORK. 



No. 108. 



IN SENATE, 

May 28, 1873. 



REPORT 

OF TUB 

REGENTS OF THE UNIVERSITY 

ON THE 

BOUNDARIES OF THE STATE OF NEW YORK. 

Univeksity of the State of New York : ] 

Office of the Regents, s 

Albany, N. Y., May 28, 1873. j 

To the Hon. John C. Robinson, 

President of the Senate : 

Sir. — I have the honor to transmit a report, in part, in 
regard to the boundaries of the State, under a resolution 
of the Senate, adopted April 19, 1867. 

I remain, very respectfully, 

Your obedient servant, 

JOHN V. L. PRUYN, 

Chancellor of the University. 



REPORT. 



To the Honorable the Legislature 

of the State of New York : 

The Eegents of the University respectfully report : That in 
pursuance of a resolution of the Senate, adopted April 19th, 
1867, a copy of which will be found on the third page of the 
documentary records appended hereto, they have made some 
progress in an examination as to the condition of the monu- 
ments which mark the boundaries of the State. In their annual 
report made February 13, 1871, they submitted, in an abstract 
of their minutes, the action of a Committee of their Board, in 
conjunction with the Surveyor-General of the State of Penn- 
sylvania, under the authority of laws enacted by both States, 
in renewing and replacing, with appropriate ceremonies, 
the initial boundary monument on the shore of Lake Erie. 
A copy of the proceedings had at that time is herewith 
communicated. 

In further pursuance of the duty assigned by the afore- 
said resolution, the Regents, on the 30th of September, 
1869, transmitted to the several Boards of Supervisors of the 
southern tier of counties of this State, a circular inquiring as 
to the condition of the monuments on the lines between 
that part of the State line and Pennsylvania. Copies of 
this circular and of answers received from the Supervisors 
of Chautauqua, Steuben and Orange counties, are herewith 



vi Report. 

transmitted. Special credit is due to the Supervisors of 
Chautauqua county for their cordial and efficient co-opera- 
tion in this matter, and for the complete survey of the 
line on each of the two sides of that county bordering on 
Pennsylvania, — an extent of over fifty-four miles. In view 
of the fact that, with the above exceptions, no local co-opera- 
tion of the kind sought was secured, the Regents believed that 
more full information as to the history of the boundaries was 
needed, both to awaken public interest in the subject, and to 
guide those who should undertake the re-survey of the lines. 
It was therefore deemed important to attend, in the first 
place, to the duty specified in the latter part of the Senate 
resolution, of procuring and putting in form such historical 
facts in regard to the boundaries of the State as might be 
of interest and value. With this object, as well as to direct 
the then prospective arrangements for replacing the initial 
monument on Lake Erie, the Regents, on the 3d of Sep- 
tember, 1S67, appointed a select committee consisting of the 
Chancellor, Mr. Perkins and Mr. Johnson, to carry out the 
purposes of the resolution. 

In prosecuting the historical part of the undertaking, the 
committee have caused a careful examination to be made, 
under the immediate direction and oversight of the Chancellor, 
of all records relating to the territorial extent and boundaries, 
so far as these have been from time to time ascertained or 
changed, of the original province of New Netherland, and of 
the province and State of New York, especially with a view 
to show the successive steps by which large portions of the 
domain specifically granted in 1664, by Charles the Second 
to the Duke of York, and of that subsequently claimed and 
recognized, on other grounds, as of right belonging to New 



Report. vii 

York, were from time to time transferred to the sovereignty 
and jurisdiction of other States, until New York finally became 
reduced in territorial extent to its present limits. In addition 
to this branch of the investigation, the results of which are 
now given, the plan of the work includes a full record of 
proceedings connected with the final determination, running 
and marking of each boundary line of the State ; and also, 
a statement of the present condition of the mile-stones and 
boundary monuments, indicating what may be needed to 
preserve or renew them. Owing to the large amount of 
time and labor required to make a satisfactory investigation 
in a field so broad and hitherto so little explored, and to the 
many other duties of the officers of the Board, the second 
and third parts of the undertaking have not been com- 
pleted; but the Regents beg to assure the Legislature that 
the remainder of the work will be prosecuted with all rea- 
sonable dispatch. Meanwhile, it has been deemed proper to 
communicate the material thus far collated, in the form of 
verbatim copies of original records, with occasional notes 
and statements needed to render these records a sufficient 
narrative for the present purpose. 

The Regents deem it proper to state, that with the exception 
of an appropriation of two hundred dollars to defray part 
of the cost of erecting the monument on the shore of Lake 
Erie, they have thus far carried on these proceedings without 
special expense to the State. They beg leave respectfully 
to suggest, that whenever these investigations show the need 
of further actiuii in regard to the condition of boundary 
monuments and to preserve or renew them, the superintend- 
ence of the necessary field work may, with obvious pro- 
priety, be confided to the State Engineer and Surveyor. 



viii Report. 

In view of the imperfect description of the western bound- 
ary line of the State, given in the Revised Statutes, further 
notice of which will be found on pages 2, 234, 270, 2ST and 
288 of the documents appended to this report, a proposed 
amendment of said Statutes has been submittted to the Com- 
missioners engaged in preparing a new revision. 

In closing this report, the Regents deem it proper to 
speak of the unwearied zeal and industry of the Assistant 
Secretary of the Board (Mr. D. J. Pratt), to whom has been 
committed the duty of gathering and collating the records 
>earing on this subject. The appended list of authorities 
consulted, shows the extent of the work. It has not been 
confined to hours of office labour, but has engrossed much 
time to which official duty could not lay claim. 
All which is respectfully submitted. 

JOHN V. L. PRUYN, 

Chancellor of the University. 
S. B. "VVoolworth, Secretary. 

Albany, May 28, 1873. 



AUTHORITIES CITED. 



; lbany Gazette, 1790. 

Allen's American Biographical Dictionary. 

American Almanac, 1832. 

American Philosophical Society Transactions (1st series), iv. 

American Railway Review, 1860. 

American State Papers, Public Lands (Duff Green), i. 

Bancroft's United States History, iii, ix. 

Barton's Memoirs of Rittenhousc. 

Bouchette's British Dominions in North America. 

Brodhead's History of New York, ii. 

Cavendish's Debates on the Quebec Bill. 

Clinton Papers (MS., in N. Y. State Library), Nos. 5446, 5790, 5841, 5856, 

5924, 6044. 
Connecticut Laws (MS., in Office of Secretary of State of Conn.). 
Correspondence, MS., of 

A. C. Barney, West Union, Steuben County. 

William A. Bird, Buffalo. 

John Burt, Goshen, Orange County. 

J. V. H. Clark, Manlius. 

Andrew E. Douglass, New Haven, Conn. 

Mrs. Professor D. B. Douglass, Batavia. 

Rev. Malcolm Douglass, Windsor, Vt. 

Andrew Ellicott. 

Elial T. Foote, New Haven. 

Isaiah Golding, Marvin, Chautauqua County. 

George W. Holley, Niagara Falls. 

Professor Albert Hopkins, Williamstown, Mass. 

E. H. Jenner, Jamestown, Chautauqua County. 

Joseph C. G. Kennedy, Washington. 

John G. Lozier, Troupsburgh, Steuben County. 

John A. McAllister, Philadelphia. 

Orsamus H. Marshall, Buffalo. 

George H. Moore, N. Y. Historical Society. 

Wm. Moore, Lindley, Steuben County. 

Pennsylvania Surveyor General's Office, (Robert A. McCoy, Chief Clerk.) 

Oliver Phelps, Canandaigua. 

John Reynolds, Meadville, Pa. 

Charles B. Stuart, Geneva. 



x authorities Cited. 

Correspondence, MS. , of 

U. S. Secretary of the Interior (James Harlan). 

U. S. Secretary of State (Win. H. Seward). 

U. S. Second Assistant Secretary of State (W. Hunter). 

U. S. Assistant Secretary of the Treasury (J. F. Hartley). 

J. S. Warner, Woodhull, Steuben County. 

C. S. Woodward, Mt. Hope, Orange County. 
Curtis' History of the United States Constitution, i. 
Denton's Brief Description of New York, 1670. 
Douglass' History of North America, i, ii. 
Dudley Observatory Annals, i. 

Gallatin's Memoir of the North Eastern Boundary of the United States. 
Georgia Laws (Prince's Digest), 1800. 
Grant to the Duke of York; Parchment Copy, in N. Y. State Library, 

and recorded copy in office of Secretary of State. 
Great Britain, Commons Journals, 1774. 
Great Britain, Statutes at Large, 1774. 
Hall's (Benj. II.) History of Eastern Vermont. 
Hall's (Hiland) History of Vermont. 
Hazard's American State Papers, i. 
Hildreth's United States History, iii. 
Hough's Gazetteer of the State of New York, 1872. 
Hough's Nantucket Papers. 
Hough's Pemaquid Papers. 
Lucas' Charters of Old English Colonies. 
Maine Historical Society Collections, iv, v. 

Maps, Portfolio, in office of N. Y. Secretary of State, Nos. 167, 202, 211. 
Massachusetts Perpetual Laws, 1784, 1785. 
Morgan's League of the Iroquois. 
New Jersey Laws (Learning 1 and Spicer), 1664, 1674. 
New York Assembly Documents, 1866, 1867. 
New York Assembly Journals, 1780. 
New York Civil List, 1870. 
New York Council of Revision Minutes, (MS., in office of Secretary of 

State), i. 
New York Documentary History, i, iv. 
New York Colonial Documents, i, iii, iv, v, vi. 
New York Colonial MSS., xxii, xxiii, xxvii, xcii, c. 
New York Council minutes, MS., xxvi. 

New York Deeds, MS., in office of Secretary of State, i, viii. 
New York General Assembly Journals, 1770, 1773, 1774, 1775. 
New York Historical Society Collections, 2d series, i, ii. 
New York Laws: Dongan's, MS; Van Schaack's; Jones and Varick's, i; 

Greenleaf's, ii; Revised, 1813; Revised Statutes, 1st and 5th ed. 
New York Legislative Council Journal, i. 



Authorities Cited. xi 

New York Legislative Papers (MS., in State Library) Nos. 126, 596, 598, 604, 

1544. 
New York Patents, MS., in office of Secretary of State, i, iv. 
New York Provincial Congress and Committee of Safety Journal. 
New York Regents of the University: 

Annual Report, 1871. 

Minutes (printed), iii. 
New York Senate Journals, 1780, 1784, 1787. 
North Carolina Laws (Iredell), 1784, 1789. 
Pennsylvania Archives, iii, iv, ix, x, xi, xii. 
Pennsylvania Colonial Records, iii, viii, xi, xv, xvi. 
Pennsylvania Laws: Carey and Bioren's, iii; Dallas's, iii; Annual, 1867. 
Pennsylvania Legislative Documents, 1867. 
Pennsylvania Senate Journal, 1867. 
Schoolcraft's Notes on the Iroquois. 
Smith's History of New York, i. 
South Carolina Statutes at Large, 1787. 
Spark's Diplomatic Correspondence, vii, x. 
Spark's Life and Writings of Washington, viii, ix. 
Stone's Life of Red Jacket. 
Stuart's Biography of American Engineers. 
Sullivan's History of Maine. 
Thompson's History of Vermont. 

Thornton's Ancient Pemaquid, in Maine Hist. Soc. Coll'ns., v. 
Treaties (in N. Y. State Library, Pamphlet Collection), i. 
Unites States Executive Documents, 1842-3. 
United States House of Representatives Journal, 1789, 1790, 1800. 
United States Journals of Congress, 1777-1788. 
United States Laws Relative to Public Lands. 
United States Receipts and Expenditures, 1791. 
United States Secret Journals of Congress, i, ii. 
United States Secret Journals of Foreign Affairs, ii. 
United States Senate Journal, 1789. 
United States Statutes at Large, i, ii. 

Van der Donck's Description of New Netherland (in N. Y. Hist, Soc. Coll'ns.) 
Virginia Statutes at Large (Hening's), x, xi. 
Williamson's History of Maine, i. 

Wraxall's Indian Records (MS., in N. Y. State Library). 
Yates and Moulton's History of New York. 

Many other works, of which no list has been kept, have been consulted 
without making extracts for this report. 

The double-leaded statements in the text, words in brackets, foot-notes 
marked " — [P." and those on pages 11, 13, and 19, not so marked, were 
inserted by the Assistant Secretary. Other foot-notes belong to the original 
text to which they refer. 



CONTENTS 

OF 

APPENDED COPIES OF ORIGINAL DOCUMENTS. 



Page. 
Preliminary Report of the Regents, made April 15, 1867, and Resolution 

of the Senate, adopted April 19, 1867 1, 3 

Copies of original documents relating to the subject of territorial extent 

and boundaries, arranged in three parts, as follows: 

Part I. The original territorial extent of the provinces of New Nether- 
land and New York, and the successive steps by which the State of 
New York was reduced to its present limits 5 

Some of the subjects included in this part are: 

Revised Statutes, as to Boundaries 2, 230, 270, 287, 288 

Grant to the Duke of York 10, 21 

Release of New Jersey 23 

Connecticut Boundary Line 24, 58, 72 

First Organization of Counties 28 

Pemaquid — Cornwall County 31 

Nantucket, etc. — Dukes County 48 

Prudence Island 49 

Newcastle, Kent and Sussex 50 

Fisher's Island 51 

Massachusetts Boundary Line 52, 74, 209 

The Five Nations 65, 100, 109 

New Hampshire Claim, etc 77, 82, 224 

Northern Boundary Line 81, 87, 114 

Vermont Line, etc 83, 224 

Edmund Burke's Agency 89 

Western Boundary Line 121, 283, 335 

Philip Schuyler's Important Letter to the New York Legislature. . 137 
Cession of Western Territory by New York and other States, 149, 157 

163, 179, 183, 191, 193, 196, 200 
Present Boundaries of the State of New York 230 

Part II. Field work and other matters relating to the determination of 
the several boundary lines and to the erection of monuments thereon, 241 

Pennsylvania Boundary Line 241 

Western Boundary Line 283 

[This part is to be completed hereafter.] 



xiv Contents. 

Page. 
Part III. The present 'condition and true location of the boundary 
monuments, so far as has been ascertained, and what is needed to pre- 
serve or renew them 335 

Pennsylvania Line 335 

New Jersey Line 343 

Massachusetts Line 349 

[This part is to be completed hereafter.] 



APPENDED COPIES OF ORIGINAL DOCUMENTS. 



I 



PRELIMINARY REPORT. 

University of the State of New York, 
Office of the Regents, 

Albany, April 15, 1867. ) 

To the Honorable the Legislature of the State of New York: 
The Regents of the University respectfully represent that, 
on the 10th day of April, 1866, they submitted to the Legisla- 
ture a report on the longitude of the western boundary line of 
the State (Assembly document, No. 191), in which it was 
mentioned that an historical sketch of that boundary line was 
in course of preparation, and was intended to be furnished as 
an appendix to the report. In the progress of their investiga- 
tions, the Regents have ascertained facts of marked historical 
interest in regard to the subject, many of which seem to have 
been almost entirely overlooked. No authentic record of this 
boundary has thus far been found in the office of the Secre- 
tary of State, and it is feared, after a long and diligent, search 
in public offices and elsewhere, in almost every direction, that 
the report of the survey is now irrecoverably lost. With the 
exception of this document, the Regents are now in possession, 
as they believe, of all, or nearly all, the important material for 
completing their design in regard to the boundary referred to.. 
While engaged in this investigation, the Regents have also 
been led to examine, to some extent, the history of the south- 
ern boundary, so far as it coincides with the forty-second par- 
allel of latitude, i. e., westward from the Delaware river ; and 
they find that the archives of the State afford only scattered 
and imperfect memorials of the circumstances attending the 



2 Copies of Documents Relating to the 

establishment of this boundary. While it is believed that the 
other boundary lines of the State have been the subject of con- 
siderable attention and investigation, there seems to be no 
good reason why the facts in regard to the southern boundary 
should not be collated and preserved. Many of these facts 
have been condensed into the formal description of the bounda- 
ries of the State contained in the Revised Statutes; yet the 
patience and learning of the revisers have not sufficed to prevent 
the insertion, as it is confidently believed, of at least three his- 
torical errors in the description of a single monument at the 
intersection of the southern and western boundaries ; while, in 
regard to the western boundary, there is no distinct and correct 
statement as to when, by whom and under what authority it 
was established. When it is considered that the State of New 
York, through her agency in establishing this boundary, gener- 
ously relinquished, for the national good, a large portion of 
her territory, and that this was the pioneer act which led to 
the final ratification of the Articles of Confederation of 1777, 
and to the adoption of the policy of the general government 
in relation to the public domain, it is not a little surprising 
that there is no satisfactory historical account extant of these 
important events, in which the wisdom and patriotism of the 
State were so largely displayed. 

The Regents, therefore, respectfully suggest the propriety 
of authorizing them to report to the Legislature, at a future 
day, such information concerning the several boundaries of the 
State as they may be able to procure from the State archives 
and otherwise, with the view of stimulating and guiding 
investigation, and of placing in a condensed and permanent 
form, as far as may be, these interesting records of our early 
history. 

The Regents beg to inform the Legislature that, in pursu- 
ance of the authority conferred by a joint resolution of the 
Senate and Assembly, passed April 16, 1866 (Session Laws of 
1866, page 2137), they have opened a correspondence witli the 
Governor of Pennsylvania in regard to the subject of replacing 
and renewing the monument on the shore of Lake Erie, before 



Boundaries of the State of New York. 3 

referred to, and it is hoped that the Legislature of the State 
will authorize the requisite concurrent action for this purpose. 

During the past year, the Regents have taken some pains 
to ascertain, by correspondence, the condition of the monument 
originally erected at the intersection of the southern and west- 
ern boundaries of the State, and they are informed that the 
site of this monument is at or near the center of a highway, 
with no visible mark to denote its position. It is quite pro- 
bable that many of the milestones and other landmarks origi- 
nally placed upon the boundaries of the State are becoming 
obliterated, and the Regents, therefore, suggest the propriety 
of such an appropriation by the Legislature as may enable 
them to ascertain the facts in relation to such monuments, and 
to meet the necessary expenses of collecting such historic 
material as may be needed for the preparation of an account 
of the several boundaries of the State, as before suggested. 

All of which is respectfully submitted. 

By order of the Regents. 

JOHN Y. L. PRITYN, 

Chancellor of the University. 

S. B. "WoOLWORTH, 

Secretary. 



In Senate, April 19, 1867. 
Resolved, That in view of the communication of the Regents 
of the University to the Legislature, dated April 15, 1867, the 
said Regents are hereby authorized to cause an examination to 
be instituted as to the condition and true location of the monu- 
ments which mark the several boundaries of the State, and to 
ascertain whether any and what action may be needed to pre- 
serve or renew them ; and also to procure and put in form 
such historical information in regard to the said boundaries as 
they may deem to be of interest, at an expense in the whole, 
not to exceed three thousand dollars, and to report their 
proceedings under this resolution to the Legislature. 



COPIES OF ORIGINAL DOCUMENTS 



KELATING TO THE SUBJECT OP 



Territorial Extent and Boundaries. 



PART I. 

THE ORIGINAL TERRITORIAL EXTENT OF THE PROVINCES OF 
NEW NETHERLAND AND NEW YORK, AND THE SUCCES- 
SIVE STEPS BY WHICH THE STATE OF NEW YORK 
WAS REDUCED TO ITS PRESENT LIMITS. 

Resolution of the States General [of the United 
Netherlands] on the Report of the Discovery of New 

Netherland. 

* * * * 

Saturday, the 11th October, 1614. 
Appeared at the Assembly the Deputies from the United 
Company of Merchants who have discovered and found New 
Netherland, situate in America between New France and 
Virginia, the sea coasts whereof lie in the Latitude of forty to 
forty-five degrees. And who have rendered a Report of their 
said Discovery and finding, requesting, in consequence, the 
Grant promised by their High Mightinesses' published placard. 
Deliberation being had thereon, their High Mightinesses have 
granted and allowed, and hereby grant and allow, the Peti- 
tioners that they alone shall have the right to resort to, or 
cause to be frequented, the aforesaid newly discovered countries 
situate in America between New France and Virginia, the 
sea coasts whereof lie in the Latitude of from forty to forty- 
five degrees, now named New Netherland, as is to be seen by 
a Figurative Map hereunto annexed ; and that for four Voyages, 



6 Copies of Documents Relating to tee 

within the term of three years commencing the first January 
XYI C and fifteen next coming, or sooner, to the exclusion of 
all others. * * * 

— [N. Y. Col. Doc, i, 10 ; see also, " Grant of Exclusive Trade 
to New Netherlands" of same date, Idem, i, 11. 

The Dutch West India Company was incorporated by the 
States General on the 3d day of June, 1621. The following 
provisions, among others, are included in the charter : 

* * That for the Term of four and Twenty years, none of 
the Natives or Inhabitants of these countries shall be permitted 
to sail to or from the said lands, or to traffic on the coast and 
countries of Africa from the Tropic of Cancer to the Cape 
of Good Hope, nor in the countries of America, or the West- 
Indies, beginning at the south end of Terra Nova, by the 
streights of Magellan, La Maire, or any other streights and 
passages situated thereabouts to the streights of Anion, as 
well on the north sea as the south sea, nor on any islands 
situated on the one side or the other, or between both ; nor in 
the western or southern countries reaching, lying, and between 
both the meridians, from the Cape of Good Rope, in the East, 
to the east end of New Guinea, in the West, inclusive, but in 
the Name of this United Company of these United Nether- 
lands. * * * * 

II. That, moreover, the aforesaid company may, in our 
name and authority, within the limits herein before prescribed, 
make contracts, engagements and alliances with the princes and 
natives of the countries comprehended therein, and also build 
any forts and fortifications there, to appoint and discharge 
Governors, people for war, and officers of justice, and other 
public officers, for the preservation of the places, keeping good 
order, police and justice, and in like manner for the promoting 
of trade ; and again, others in their place to put, as they from 
the situation of their affairs shall see fit. Moreover, they must 
advance the peopling of those fruitful and unsettled parts, 
and do all that the service of those countries, and the profit 
and increase of trade shall require : And the company shall 



BbUNDARIES OF THE STATE OF NEW YORK 7 

successively communicate and transmit to us such contracts 
and alliances as they shall have made with the aforesaid princes 
and nations ; and likewise the situation of the fortresses, 
fortifications and settlements by them taken., 

III. Saving, that they having chosen a governor in chief, 
and prepared instructions for him, they shall be approved, 
and a commission given by us : And that further, such 
governor in chief, as well as other deputy governors, com- 
manders, and officers, shall be held to take an oath of allegiance 

to us and also to the Company. 

* * * * 

— [Hazard's Amer. State Paper's, i, 121-123. 

West India Company to the States General. 

May 5, 1632. 

* * * * 

The English themselves, according to their charter, place 
New England on the coast between the forty-first and forty- 
fifth degrees of latitude. 

But the English began in the year 1606, to resort to 
Virginia, which is South of our territory of New Netherland, 
and fix the boundaries, according to their charter, from the 
thirty-seventh to the thirty-ninth degree. 

So that our boundaries, according to their own shewing, 
should be from the thirty-ninth degree inclusive, to the forty- 
first degree, within which bounds we are not aware that they 
ever undertook any plantation. 

What boundaries your High Mightinesses have granted to 
your subjects, can be seen by the charter issued in the year 
1615. x * * * * 

— [N. Y. Col. Doc. i, 51-2. 

Cost of New Netherland, now New York. 
The Dutch West-India Company failed in 1634, and from 
a state of their accounts drawn up in 1635 (part of which 

'This seems to be the "charter" of Oct. 11, 1614, which took etl'ect 
Jan. 1, 1615.— [P. 



8 Copies of Documents Relating to the 

was in possession of Mr. Henry Kip, late of New York, 
deceased, and from which this extract was made) it appears, 
that 

Guilders. Stuyvera. 

Fort Amsterdam, in New Netherland, cost 

the Company 4 171 10 

And that New Netherland (the Province) cost 412 800 11 

— [Hazard's Amer. State Papers, i, 397. 

Remonstrance of New Netherland. 

July 28, 1649. 
* # # * 

* In the year of Christ 1609, was the Country, of which 

we now propose to speak, first found and discovered at the 

expense of the General East India Company — though directing 

their aim and design elsewhere — by the ship de Halve Mane, 

whereof Henry Hudson was master and iactor. It was afte[r]- 

wards named New Netherland by our people, and that very 

justly, for it was first discovered, and taken possession of, by 

Netherlanders and at their expense. * * We have 

heard the Indians also frequently say, that they knew of 

no other world or people previous to the arrival of the 

Netherlanders here. For these reasons, therefore, and on 

account of the similarity of Climate, Situation and fertility, this 

place is rightly called New Netherland. It is situate along the 

North Coast of America, in the latitude of 38, 39, 40, 41, 42 

degrees, or thereabouts. It is bounded on the North East side 

by New England, on the South West by Virginia ; the coast 

trends mostly South West and North East, and is washed by the 

Ocean ; on the North runs the river of Canada, a great 

way off in the interior; the North West side is partly still 

unknown. * * * ,* 

— [N. Y. Col. Doc, i, 275. 

Of the Limits of New- Netherlands, and How Far the 

Same Extend. 

New-Netherlands is bounded by the ocean or great sea, 
which separates Europe from America, by New England and 



Boundaries of the State of New York. 9 

the Fresh (Connecticut) river, in part by the river of Canada, 
(the St. Lawrence,) and by Virginia. * * On the south tide, 
the country, is bounded by Virginia. Those boundaries are 
not yet well defined, but in the progress of the settlement of 
the country, the same will be determined without difficulty. 
On the north-east the New-Netherlands abut upon New- 
England, where there are differences on the subject of bound- 
aries which we wish were well settled. On the north, the 
river of Canada stretches a considerable distance, but to the 
north-west it is still undefined and unknown. Many of our 
Netherlander have been far into the country, more than 
seventy or eighty miles from the river and sea-shore. We 
also frequently trade with the Indians, who come more than 
ten and twenty days' journey from the interior, and who have 
been farther off to catch beavers, and they know of no limits to 
the country, and when spoken to on the subject, they deem 
such enquiries to be strange and singular. Therefore we may 
safely say, that we know not how deep, or how far we extend 
inland. There are however many signs, which indicate a 
great extent of country, such as the land winds, which domineer 
much, with severe cold, the multitudes of beavers, and land 
animals which are taken, and the great numbers of water-fowl, 
which fly to and fro, across the country in the spring and fall 
seasons. From these circumstances we judge that the land 
extends several hundred miles into the interior; therefore, 
the extent and greatness of this province are still unknown. 
— [ Van der Donctts Description of New Netherlands, 1656 ; 
{see N. Y. Hist. Society Collections, 2d series, i, 138.) 



10 Copies of Documents Relating to the 

Grant to the Duke of Yoke, 1664. 

[Copied from Original Parchment in N. Y. State Library. Interlined por- 
tions are indicated by parentheses. For copy of same as recorded in 
office of Secretary of State, see opposite page.] 

Cljcuics tl)c Scconb J$d tl)e grace 
of God King of England Scotland ffranee and Ireland 
defender of the ffaith etc To All to whome these pre- 
sents shall come Greeting Know tee that wee for divers good 
Causes and Consideracons us thereunto moveing Have of our 
especiall grace certaine knowledge and meere mocon given and 
Gra anted And by these presents for us our he ires and Successors 
Doe give and Graunt unto our dearest Brother James Duke of 
Yorke his heires and Assignes All that part of the Mayne land 
of New England begining att a certaine Place called or knowne 
by the name of S* Croix next adioyneing to New Scotland in 
America and from thence extending along the Sea Coast unto 
a certaine Place called Petuaquine or Pemaquid and (soe) upp 
the River thereof to the furthest head of the same as itt 
tendeth Northwards and extending from thence to the River of 
Kinebequi and soe upwards by the shortest course to the River 
Cannada Northward And alsoe all that Island or Islands comonly 
called by the severall name or names of Matowacks or Long 
Island scituate lyeing and being towards the west of Cape Codd 
and the Narro Higan setts abutting upon the Mayne land 
betweene the twoe Rivers there called or knowne by the 
severall names of Conectecutte and Iludsons River Together 
alsoe with the said River called Hudsons River and all the 
land from the west side of Connectecutte River to the East 
side of De la Ware Bay And alsoe all those severall Islands 
called or knowne by the names of Martin Vinyards and Nan- 
tukes otherwise Nantukett Together with all the lands Islands 
Soyles Rivers Harbonrs Mynes Mineralls Quarries Woods 
Marishes Waters Lakes ffisliings hawking hunting and ffowle- 
ing and all other Royalties proffitts Comodities and heredita- 
f Continued on page 12.] 



Boundaries of the State of New York. II 

Grant to the Duke of Yokk, 1664:. 

[Copied from Original Record in Office of N. Y. Secretary of State 
(Patents i, 139). Interlined words are indicated by parentheses. For 
copy of same from Original Parchment in N. Y. State Library, see 
opposite page.] 

/if paries tl)c Scconb By the Grace 

%l J of God King of England, Scotland, ffrance & Ireland, 
Defender of the ffaith &c. To All to whom these p'nts 
shall come Greeting, Know yee, that wee for divers good 
Causes and consideracons Us thereunto moving, Haue of Our 
especiall Grace certaine knowledge and meere motion, given, and 
Granted, And by these presents for us Our heires and Successo 1 " 8 
Do give and Grant unto Our Dearest Brother, James Duk e of 
York 6 , his heires and Assignes, All that part of the maine Land 
of New England, begining at a Certaine place called or knowne 
by the name of S l Croix next adjoyning to new Scotland in 
America-, and from thence extending along the Sea Coast, unto 
a certaine place called Petuaquine, or Pemaquid, and so up 
the River thereof, to the furthest head of y e same as it 
tendeth Northwards, and extending from thence, to the River of 
Kinebequi, and so upwards by the Shortest Course to the River 
Canada Northward, And also all that Island or Islands commonly 
called by the Severall name or names of Matowacks or Long- 
Island, Scituate lying and being towards the west of Cape Codd, 
and y e narrow Higansetts, Abutting upon the maine Land 
betweene the two Rivers there called or knowne by the 
(severall) names of Conecticutt and Hudsons River, together 
also w th the said River called Hudsons River and all the 
Land from the west side of Connecticutt, 1 to y e East side 
of Delaware Bay, And also all those severall Islands called 
or knowne by the names of Martins Yinyard & Nantnkes, 
otherwise Nantukett, Together with all y e Lands, Islands, 
Soyles, Rivers, Harbours, Mines, Mineralls, Quarryes, Woods, 
Marshes, "Waters, Lakes, ffishings. Hawking, Hunting, and ffowl- 
ing, and all other Royalltyes proffitts, Commodityes and heredita- 

[Con tinned on page 13.] 
1 The word " River" is wanting here, in the original record from which this copy is made. 



12 Copies of Documents Relating to the 

merits to the said severall Islands lands and premisses belonging 
and appertaineing with their and every of their appnrtennes 
And all our Estate right title interest benefitt advantage 
Claynie and demaund of in or (to) the said lands and premisses 
or any part or parcell thereof And the Revercon and Rever- 
cons Remaynder and Remaynders together with the yearely 
and other the Rents Revenues and proffitts of all and singuler 
the said premisses and of every part and parcel thereof To 
have and to hold All and singuler the said lands Islands 
hereditaments and premisses with their and every of their 
appurtennes hereby given and Graunted (or herein before men- 
coned to bee given and granted) unto our said dearest Brother 
James Duke of Yorke his heires and Assignes for ever To the 
only proper use and behoofe of the said James Duke of Yorke 
his heires and Assignes for ever To bee holden of us our heires 
and Successors as of our Manor of East Greenwich in our 
County of Kent in ffree and Comon Soccage and not in Capite 
or by Knights Service yeilding and Rendering And the said 
James Duke of Yorke Doth for himselfe his heirs and Assignes 
covenant and promise to yeild and Render unto us our heires 
and Successors of and for the same yearely and every yeare 
ffortie Beaver Skynns when they shall bee demanded or within 
Nvnety days after And we doe further of our especiall 
grace certaine knowledge and meere mocon for us our heires 
and Successors give and Graunt unto our said dearest Brother 
James Duke of Yorke his heires Deputyes Agents Comissioners 
and Assignes by these presents full and absolute power and 
authority to Correct punish Pardon Governe and Rule all such 
the Subjects of us our heires and Successors as shall from tyme 
to tyme Adventure themselves into any the parts or Places 
aforesaid or that shall or doe att any tyme hereafter Inhabite 
within the same according to such Lawes Orders Ordinances 
direccons and Instruments as by our said dearest Brother or 
his Assignes shall bee established And in defect thereof in Cases 
of necessitie according to the good discreccons of his Deputyes 
Comissioners Officers or Assignes respectively as well in all 

[Continued on page 14.] 



Boundaries of the State of New York. 13 

m ts to the said several! Islands, Lands and premisses belonging 
& appertaining, w ,h theire and every of theire appurte- 
nances, And all Our Estate, Right, Title, Interest, benefitt, 
Advantage, Claime and demand, of in or to the said Lands and 
p re misses, or any part or parcell thereof, And the Revercon and 
Revercons, remainder & Remainders, together w th the Yearly 
and other y e Rents (Revenues) and proffitts, of all and Singular 
the said premisses, and of every part and parcell thereof ; To 
iiaue & to hold all and Singular the said Lands, Islands, 
hereditam 18 and p re misses, w th their and every of their 
appurtenances, hereby given and granted, or herein before men- 
coned to be given and granted, unto Our l Dearest Brother, 
James Duk e of York e , his heires and Assignes for ever, To the 
onely proper use and behoofe of the said James Duk e of York 6 
his heires and Assignes for ever, To be holden of us, Our heires 
and Successo 1-8 as of Our Manno r of East Green \v ch in Our 
County of Kent, in ffree and Common Soccage, and not in 
Capite, nor by Knight Service, Yeilding and rendring, And 
the said James Duk 6 of York 6 , doth for himselfe, his heirs and 
Assignes, Covenant & promise to Yeild and render, unto us our 
heires and Successo 1-8 , of and for the same, yearly and Every yeare 
forty Beaver Skins, when they shall be demanded, or within 
ninety days after, And wee do further, of Our special! 
Grace, certaine knowledge, and meere mocon, for us, our heires 
and Successo 1-8 , Give & grant unto Our said Dearest Brother, 
James Duk 6 of Yorke his heires, Deputyes, Agents, Commis- 
sion 1-8 and Assignes by these p'nts, full and absolute power and 
Authority to Correct, punish, pardon, Governe and Rule all such 
the Subjects of Us Our heires and Successo 1-8 as shall from time 
to time adventure themselves, into any the parts or places 
aforesaid, or that shall or doe at any time hereafter, Inhabite 
w th in the same, according to such Lawes, Orders, Ordinances, 
Direccons and Instruments, as by Our said Dearest Brother, or 
his Assignes, shall be established, And in defect thereof in Cases 
of necessity, according to the good discrecons of his Deputyes, 
Commission™ Officers or Assignes respectively, as well in all 

[Continued on page 15.] 
■The word "said" is wanting here, in the original record from which this copy is made. 



14 Copies of Documents Relating to the 

Causes and matters Capitall and Criminall as Civill both 
Marine and others Soe allwayes as the said Statutes Ordi- 
nances and Proceedings bee not contrary to but as neare as 
conveniently may bee agreeable to the Lawes Statutes and 
Governement of this our Realme of England And Saveing 
and reserveing to us our heirs and Successors the receiveing 
heareing and determineing of the Appeale and Appeales of 
all or any Person or Persons of in or belonging to the Terri- 
tories or Islands aforesaid in or touching any Judgment or 
Sentence to bee there made or given And further that it 
shall and may bee lawfull to and for our said dearest Brother 
his heires and Assignes by these presents from tyme to tyme to 
Nominate make Constitute Ordeyne and Confirme by such 
Name or Names Stile or Stiles as to him or them shall seeme 
good and likewise to revoke discharge Change and alter as well 
all and singuler Governors Officers and Ministers which here- 
after shall bee by him or them thought fitt and needfull to bee 
made or used within the aforesaid Parts and Islands and alsoe 
to make Ordayne and Establish all manner of Orders Lawes 
direccons Instruccons formes and Ceremonies of Government 
and Magistracy fitt and necessary for and concerneing the 
Government of the Territories and Islands aforesaid soe 
allwayes as the same bee not contrary to the Lawes and Statutes 
of this our Realme of England butt as neare as may bee 
agreeable thereunto And the same att all tymes hereafter to 
putt in Execucon or abrogate revoke or change not only 
within the Precincts of the said Territories or Islands butt alsoe 
upon the Seas in goeing and comeing to and from the same as 
hee or they in their good discreccons shall thinke to bee fittest 
for the good of the Adventurers and Inhabitants there And 
we doe further of our especiall grace certaine knowledge 
and meere mocon Graunt Ordeyne and Declare That such 
Governors Officers and Ministers as from tyme to tyme shall bee 
authorized and appointed in manner and forme aforesaid shall 
and may have full power and authority to use and exercise 
Marshall lawe in cases of Rebellion Insurreccon and Mutiny 

[Continued on page 16.] 



Boundaries of the State of New York. 15 

Causes and matters Capitall and Criminal]., as Civill, both 
Marine and others, Soe alwayes, as the said Statutes, Ordi- 
nances & proceedings be not contrary to, but as neare as 
conveniently may be Agreeable to the Lawes Statutes & 
Governm 1 of this Our Realme of England, And Saving 
and reserving to us, Our heirs and Successo rs y e receiving 
hearing and determining of the Appeale and Appeales of 
all or any person or persons, of, in, or belonging to y e Terri- 
tories or Islands aforesaid, in or touching any Judgment or 
Sentence to be there made or given, And further, that it 
shall and may be Lawfull, to & for our said Dearest Brother, 
his heires and Assign es by these p'nts, from time to time, to 
nominate, make, constitute, orclaine and confirme by such 
name or names, Stile, or Stiles as to him, or them shall seeme 
good, And likewise to revoke discharge, Change and Alter, as 
well (all) and Singular Governo rs Officers & Minist rs which here- 
after shall be by him or them, thought fitt and needfull to be 
made or used w th in the aforesd parts & Islands, And also 
to make Ordaine, and Establish all manner of Orders, Lawes, 
directions Instruccons, formes and Ceremony es of Govern m l 
and Magistracy fitt and Necessary for and concerning the 
Government of the Territory es and Islands aforesd so 
alwayes as the same be not contrary to the Lawes and Statutes 
of this Our Realme of England, but as neare as may bee 
Agreeable thereunto And the same at all times hereafter to 
put in Execucon, or abrogate, revoke or Change not only 
within the p re cincts of the said Territoryes, or Islands, but also 
upon the Seas in going and coming to and from the same, as 
hee or they in their good discrecons, shall thinke to be fittest 
for the good of the Adventurers, and Inhabitants there, And 
we do further of Our speciall grace, certaine knowledge 
and meere mocon, Grant Ordaine and declare That such 
Governo rs Officers and Ministers, as from time to time shall be 
Authorized, and appointed in manner and forme aforesaid, shall 
and may have Full power and Authority, to use and Exercise 
Marshall law, in Cases of Rebellion, Insurreccon and Mutinie, 

f Continued on page 17.] 



16 Copies of Documents Relating to the 

in as large and ample manner as our Leiftennants in our 
Countyes within Our Realme of England have or ought to 
have by force of their Comission of Leiutennancy or any lawe 
or Statute of this our Realme And wee doe further by these 
presents for us our heires and Successors Graunt unto our said 
dearest Brother James Duke of Yorke his heires and Assignes 
that itt shall and may bee lawful to and for the said James 
Duke of Yorke his heires and Assignes in his or their dis- 
creccons from tyme to tyme to Admitt such and soe many 
Person and Persons to Trade and Traffique unto and within 
the Territoryes and Islands aforesaid and into every or any 
part and parcell thereof And to have possesse and enioye any 
lands or hereditaments in the parts and Places aforesaid as 
they shall thinke fitt according to the Lawes Orders Constitucons 
and Ordinances by our said Brother his heires Deputyes 
Comissioners and Assignes from tyme to tyme to bee made 
and established by virtue of and according to the true intent 
and meaneing of these presents and under such Condicons 
reservacons and Agreements as our said Brother his heires or 
Assignes shall sett downe Order direct and appoint and not 
otherwise as aforesaid And wee doe further of our especiall 
grace certaine knowledge and meere mocon for us our heirs 
and Successors give and Graunt to our said deare Brother 
his heires and Assignes by these presents that itt shall and may 
bee lawfull to and for him them or any of them att all and 
every tyme and tymes hereafter out of any Our Realmes or 
Dominions whatsoever to take lead Carry and Transport in 
and into (their) Voyages and for and towards the Plantacon of 
our said Territoryes and Islands all such and soe many of our 
loveing Subjects or any other Strangers being not prohibited 
or under restraint that will become our loveing Subjects and 
live under our Allegiance as shall willingly Accompany them 
in the said Voyages Together with all such Cloathing Imple- 
ments ffurniture and other things usually Transported and not 
Prohibited as shall bee necessary for the Inhabitants of the 
said Islands and Territoryes and for their use and defence 

[Continued on page 18.] 



Boundaries of hie State of New York. 17 

in as large and Ample manner as our Lieutenants in our 
Countyes w th iu Our Realme of England, have, or ought to 
have by force of their Commission of Lieutenancy, or any Law 
or Statute of this our Realme, And wee do further by these 
p'nts, for us Our heires and Suecesso 1 " 8 , Grant unto Our said 
Dearest Brothel', James Duke of York e , his heires and Assignes, 
That it shall and maybe Lawful!, to and for the said James 
Duke oi York 6 his heires and Assignes, in his or their dis- 
ereeons from time to time, to admitt such, and so many 
person and persons to Trade and Traffique unto and w th in 
the Territoryes and Islands, aforesaid, and into every or any 
part •& parcell thereof, and to have possesse and Enjoy, any 
Lands, or hereditam ts in y e parts and places aforesaid, as 
they shall thinke iitt according to the Lawes, orders, Constitu- 
eons, and Ordinances, by Our said Brother, his heires Deputyes 
Commission" and Assignes, from time to time to be made 
and established, by vertue of, and according to the true intent 
and meaning of these p'nts and under such Condicons, 
Reservacons and Agreem ts as Our sd Brother, his heires or 
Assignes shall set downe, Order, direct, and appoint and not 
otherwise, as aforesd And wee do further of Our especiall 
grace, certaine knowledge and meere mocon, for us, Our heirs 
and Suecesso 1 ' 8 give and grant, to Our said Deare Brother 
his heires and Assignes by these p'nts, That it shall and may 
bee Lawfull to and for him, them, or any of them, at all and 
every time and times hereafter, out of any Our Realmes or 
Dominions whatsoever, to take, leade, Carry and Transport in 
and into their Voyages, and for and towards the Plantaeon of 
Our said Territoryes and Islands, all such, and so many of Our 
Loveing Subjects, or any other Strangers, being not prohibited 
or under restraint, that will become Our Loving Subjects, and 
live under Our Alegiance, as shall willingly accompany them 
in the said Vo} 7 ages together w th all such Cloathing Imple- 
ments, furniture and other things, usually transported and not 
prohibited, as shall be necessary for the Inhabitants of the 
said Islands, and Territoryes, and for theire use and defence 

[Continued on page li). | 
3 



18 Copies of Documents Relating to the 

thereof and maunaging and Carrying on the Trade with the 
People there and in passing and retnrneing to and fro yeild- 
ing and paying to us our heires and Successors the Customes 
and Duties therefore due and payable according to the lawes 
and Customes of this our Realme And wee doe alsoe for us 
on!' heires and Successors Graunt to our said dearest Brother 
James Duke of Yorke his heires and Assignes and to all and 
every such Governor or Governors or other Officers or 
Ministers as by our said Brother his heires or Assignes shall 
bee appointed to have power and Authority of Governement 
and Comaund in or over the Inhabitants of the said Terri- 
tories or Islands that the} r and every of them shall and lawfully 
may from tyme to tyme and att all tymes hereafter for ever for 
their severall defence and safety encounter expulse repell and 
resist by force of Amies as well by Sea as by land and all wayes 
and meanes whatsoever all such Person and Persons as without 
the speciall Lycence of our said deare Brother his heires or 
Assignes shall attempt to inhabite within the severall Pre- 
cincts and Ly mitts of our said Territories and Islands And 
alsoe all and every such Person and Persons whatsoever as 
shall enterprize or attempt att any tyme hereafter the dis- 
truccon Invasion detriment or annoyance to the Parts Places 
or Islands aforesaid or any part thereof And lastly our Will 
and pleasure is and wee doe hereby declare and Graunt that 
these our Letters Pattents or the Inrollment thereof shall bee 
good and effectuall in the Law to all intents and purposes 
whatsoever Notwithstanding the not reciteing or menconing of 
the premisses or any part thereof or the Meets or Bounds thereof 
or of any former or other Letters Patents or Graunts here- 
tofore made or Graunted of the premisses or of any part 
thereof by us or of any of our Progenitors unto any other 
Person or Persons whatsoever Bodyes Politique or Corpo- 
rate or any Act Lawe or other Restraint incertainty or 
ymperfeccon whatsoever to the contrary in any wise notwith- 
standing Although Expresse mencon of the true yearely 
value or certainty of the premisses or of any of them or of 

[Continued on page 20.] 



Boundaries of the State of New York. 19 

thereof, and manageing and carrying on the Trade w th the 
people there and in passing and returning to and fro : yeild- 
ing & paying to us Our heires and Successo rs the Cnstomes 
and Dutyes therefore due and payable, according to the Lawes 
and Cnstomes of this Our Reahne, And we do also, for us 
Our heires and Successors Grant to Our said Dearest Brother, 
James Duk e of York e , his heires and Assignes, and to all and 
every such Governo r or Governo 1 " 8 or other Officers or 
Ministers, as by Our said Brother his heires or Assignes shall 
be appointed to have power and Authority of Governm* 
and Command in or over the Inhabitants of the said Terri- 
toryes or Islands, that they and every of them shall, and Law- 
fully may from time to time, and at all times hereafter for ever, for 
their severall defence and Safety, Encounter, expulse, repell, and 
resist by force of Armes as well by Sea, as by Land, and all wayes 
and meanes whatsoever, all such person and persons, as w th out 
the speciall Licence of Our said Deare Brother his heires or 
Assignes, shall attempt to Inhabit w th in the severall p re - 
cincts and Limits of Our said Territoryes, and Islands, And 
also and every such person and persons whatsoever, as 
shall enterprize or attempt at any time hereafter, the des- 
truccon, invasion, detriment or annoyance to y e parts, places, 
or Islands, aforesaid, or any parte thereof, And lastly, Our will 
and pleasure is, and we e do hereby declare and grant, that 
these Our Letters Patents, or the Inrollm* thereof shall be 
good and effectuall in the Law, to all intents and purposes 
whatsoever, Notwithstanding the not reciting or menconing of 
the premisses or any part thereof, or the meets or Bounds thereof, 
or of any former, or other L'res Patents or Grants here- 
tofore made or granted of the premisses, or of any part 
thereof by us, or of any of Our Progenit 1 " 8 unto any other 
person or persons, whatsoever, Bodyes Politique or Corpo- 
rate, or any Act, Law or other restraint, incertainty or 
imperfection whatsoever, to the contrary in any wise notw th - 
standing, although expresse mencon, of the true yearly 
value, or certainty of the p re misses, or ! any of them, or of 
[Continued on page 21.1 

1 The word " of " was written here and then partially erased, in the original record from 
which this copy is made. 



20 Copies of Documents Relating to the 

any other G-uifts or Graunts by us or by any of our Pro- 
genitors or Predecessors heretofore made to the said James 
Duke of Yorke in these presents is not made or any Statute 
Act Ordinance Provision Proclamacon or Restriccon here- 
tofore had made Enacted Ordeyned or provided or any 
other matter Cause or thing whatsoever to the contrary thereof 
in any wise notwithstanding In Wittnes whereof Wee have 
caused these our Letters to bee made Patents Wittnes our 
Selfe att Westminster the Twelveth day of March in the 
Sixteenth yeare of our Raigne 

By the King Howard 



Boundaries of the State of New York. 21 

any other guilts or Grants by us, or by any of Our Pro- 
genitors or Predecesso rs heretofore made to the said James 
Duk k of York 18 , in these presents, is not made, or any Statute, 
Act, Ordinance, provision, Proclamacon, or restriction, here- 
tofore had, made, Enacted ordained or provided, or any 
other matter, cause, or thing whatsoever to the contrary thereof 
in any wise Notwithstanding. 

In wittnesse whereof, Wee have caused these Onr Letters 
to be made Pattents Wittnesse Our selfe at Westminster 
the twelveth day of March, in the Sixteenth Yeare of Our 
Raigne. 

By the King. 

Howard. 



* * * * 

To remove any doubt of the validity of the Duke's title, 
either from the want of seizin in the crown when it originated, 
or on account of the intermediate conquest by the Dutch, it 
was confirmed to His Royal Highness by further letters patent, 
dated the 29th day of June, 167Jr. 

* * * * 
—[Journal of N. Y. Gen. Assembly, March 8, 1773, p. 92. 

Second Grant to the Duke of York, 1674. 

Cljatlcs tl)c Second By the Grace 
' of God, King of England Scotland, France and Ireland, 
Defender of the ffaith &c, To all to whom these pre- 
sents shall come Greeting ; Know yee, that wee for divers 
good causes and consideracons, Have of our especiall Grace, 
certaiue knowledge and meer motion, Given and granted, 
and by these p re sents, for us, our Heirs and Successo 1 ' 8 Do give 
and graunt unto our Dearest Brother, James Duke of Yorke, 
his Heires and Assignes, All that part of the Maine Land of 
New England, begining at a certaiue place called or knowne 



22 Copies of Documents Relating to ihe 

by the name of S l Croix, next adjoyning to New Scotland in 
America; and from thence extending along the Sea-Coast, unto 
a certaine place called Petuaquine or Pemaquid, and so up the 
River thereof, to the furthest head of the same, as itt tendeth 
Northwards, and extending from the River of Kinebeque, 
and so upwards by the shortest Course to the River Canada 
Northwards; And all that Island or Islands, commonly 
called by the severall name or names of Matowacks or Long 
Island, Scituate and being towards the West of Cape Cod, 
and the narrow Higansetts, abutting upon the Maine Land, 
between the two Rivers there, called or knowne by the 
severall names of Conecticutt and Hudsons River, together 
also with the said River called Hudsons River, and all the 
Land from the west side of Conecticutt River, to the East side 
of Delaware Bay ; And also all those severall Islands, called or 
known by the names of Martin -Vineyards and Nantukes, other- 
wise Nantuckett; Together with all the Lands, Islands, Soiies, 
Rivers, Harbo rs , Mines, Mineralls, Quarryes, woods, Marshes, 
waters, Lakes, ffishings, Hawking, Hunting & ftbwling ; And 
all other Royalties, promts, Commodities and Hereditam ts , 
to the said severall Islands, Lands and premisses, belonging 
and appertaining, w th their and every of their Appurtenances, 
and all our Estate, Right, Title, & Interest, benefit and ad vantage, 
Claime and demand, of, in or to the said Lands or p re misses, or 
any part or parcell thereof; And the Revercon and Revercons, 
remainder & remaind rs , together with the yearly and other 
Rents, Revenues and Proffitts of the p re misses, and of every 

part and Parcell thereof ; To have and to hold [etc.] 
* * * * 

In witnesse whereof wee have caused these our L'res to 
bee made patents, witnesse our selfe at westm. the 29 th day 
of June, in the 26 th yeare of our Reigne. 

PIGOTT. 

— [Deeds, in office of N. Y. Sec'y of State i, 1; N. Y. Col. 
MSS., xxiii, 362. 



Boundaries of the State of New York. 23 

Duke of Yoke's Release of New Jersey, to John Lord 
Berkeley, and Sir George Carteret, June 21, 1664; 
renewed July 29, 1674. 

TLLIS INDENTURE made the four and Twentieth day of 
June, in the Sixteenth Year of the Reign of our Sovereign Lord, 
CHARLES the Second by the Grace of God of England, 
Scotland, France and Ireland, King Defender of the Faith, etc-. 
Annoq. Domini, 1661. Between His Royal Highness, James 
Duke of York, and Albany, Earl of Ulster, Lord High 
Admiral of England and Ireland, Constable of Dover-Castle, 
Lord Warden of the Cinque Ports, and Governor of Ports- 
mouth, of the one Part : John Lord Berkeley, Baron of 
Stratton, and one of His Majesty's most Honourable Privy 
Council, and Sir, George Carteret of Saltrum in the 
county of Devon, Knight and one of His Majesty's most 
Honourable Privy Council, of the other Part : Whereas 
his said Majesty King Charles the Second, by his Letters 
Patents under the Great Seal of England,, bearing Date 
on or about the Twelfth Day of March, in the Sixteenth Year 
of his said Majesty's Reign, did for the consideration therein 
mentioned, give and grant unto his said Royal Highness James 
Duke of York, his Heirs and Assigns, all that part of the 
Main Land of New-England, beginning at a certain Place 
called or known by the Name of St. Croix next adjoining to 
Neio-Seotland in America ; and from thence extendino- aloiii>' 
the Sea Coast * * together also with the said River called 
Hudson 's- River, and all the Land from the West side of 
Connecticutt- River to the East side of Delaware Bay : And 
also several other Islands and Lands in the said Letters Pattents 
mentioned, * * with divers other Grants, Clauses, Provisos 
and x\greements, in the said recited Letters Patents contain'd, 
as by the said Letters Patents, relation being therunto had, 
it doth and may more plainly and at large appear Now this 
Indenture Witnesseth, that his said Royal Highness James 
Duke of York, for and in consideration of a competent sum of 
good and lawful Money of England to his said Royal Highness 
James Duke of York in Hand paid by the said John Lord 



24 Copies of Documents Relating to the 

Berkley and Sir George Carteret, * * forever by 
these Presents, hath granted * * unto the said John Lord 
Berkley and Sir George Carteret, their Heirs and Assigns 
for ever, All that Tract of Land adjacent to New-England, 
and lying and being to the Westward of Long-Island and 
Manhitas Island, and bounded on the East part by the main 
Sea, and part by Hudson's River, and hath upon the West 
Delaware Bay or River, and extendeth Southward to the Main 
Ocean as far as Cape-May at the Mouth of Delaware Bay ; 
and to the Northward as far as the Northermost Branch of the 
said Bay or River of Delaware, which is forty one Degrees 
and forty Minutes of Latitude, and crosseth over thence in a 
strait Line to Hudson's River in forty one Degrees of Lati- 
tude ; which said Tract of Land is hereafter to be called by the 
Name or Names of New Ceaserea or New-Jersey : * * with 
their and every of their appurtenances, in as full and ample 
manner as the same is granted to the said Duke of York by the 
before recited Letters Patents ; * * IN WITNESS whereof 
the Parties aforesaid to these Presents have interchangeably set 
their Hands and Seals, the Day and Year first above Written. 
Sign'd, SeaVd and delivered JAMES. 

in the Presence of 

William Covenrye, 

Thomas Heywood. 
— [Learning and Spicer's Laws of New Jersey, pp. 8-11, 46-48. 

Report of the Commissioners concerning the Boundaries 
between New York and Connecticut, 1664. 
By virtue of his majesties Commission wee have heard the 
Differences aboutt the bounds of the pattents granted to his 
Royall highnesse the Ducke off Yorke and his majestes Col- 
lony of Connecticott and having deliberately considered all 
the reasons alleged by M r Allyn Sen r . M r . Gold Mr. Richards 
and Cap*. Wintrop appointed by the assembly held at hartfort 
the 13 th day off octoB 1661, to accompany John Winthrop 
E?q r (the governor off his majesties Collony off Conecticott) 
to New Yorke and by M r Howell and Cap* Yong off Long 



Boundaries of the State of New York. 25 

Island, Why y e Long Island Should be under the government 
of Conectieut which are to Long here to be recited 

Wee Doe declare and order that the Southerne bounds off 
his maj ties Collony of Conectieut, is the Sea and that Long 
Island is to be under the government off his Royall highnesse 
the ducke off Yorke as is exprest by plane words in the s d pat- 
tents respectively 

And alsoe by virtue off his maj tles Comission and by the 
Consent off both the govern" and the gen*", above named wee 
alsoe order and declare that the Creeke or River called Momo- 
ronack \v ch is Reputed to be about twelve miles to the east of 
Westchester, And a line Drawn from the East point or side, 
where the fresh water falls into the Salt at high water marke. 
North north west to the Line of the Machatuchets, Be the 
westward bounds off the Said Collony off Conectieut and all 
plantations Lying westward of that Creeke and Line Soe 
Drawne to be under his Rovall highnesse governm*. And all 
Plantations lying Eastward off that Creeke and Line to be 
under the governm 1 of Conectieut Given under our hands at 
ffort James in New Yorke on Manhatans Island this 30. day 
off Novemb 1664. 

RICH D NICOLLS 
GEORGE CARTWRIGHT 
SAMUEL MAVRICK 
a true copy compared with the originall 

Eliazer [surname illegible] Secret 1 " 7 
—[A 7 . Y. Col. MSS., xxii, 5 ; Smith's Hist. ofN. Y., i, 36, 37. 

We the governour and commissioners of the general assem- 
bly of Connecticut, do give our consent to the limits and 
bounds above mentioned, as witness our hands. 

GOLD, 

JOHN WINTHROP, Jun. 
JOHN WINTHROP, 
ALLEN, Sen. 
RICHARDS. 
—[Smith's Hist, of N. Y, i, 37. 



26 Copies of Documents Relating to the 

gov. nlcolls concerning territories of hls royal hlgh- 

ness the Duke of Yorke in America. About 1669. 

* * * * 

3 rd . The Tenure of lands is derived from his R. H. s who 
gives and grants lands to Planters as their freehold forever, they 
paying the customary rates and duties with others towards the 
defraying of publique charges. The highes[t] rent or acknow- 
ledgment to his R. H. s will bee one penny pr acre for Land* 
purchased by his R. H. 8 , the least two shillings sixe pence for 
each hundred acres, whereof the Planters themselves are pur- 
chasers from the Indyans. 

4. The Governour gives liberty to Planters to find out and 
buy lands from the Indyans where it pleaseth best the 
Planters, but the seating of Towns together is necessary in 
these parts of America, especially upon the Maine Land. 

* * * * 

— [N. Y. Boc. Hist, i, 59 (4°) ; 87 (8°). 

Denton's Brief Description of New York. 

That Tract of Land formerly called The Neiv Netherlands, 
doth Contain all that Land which lieth in the North-parts of 
America, betwixt New-England and Mary-Land in Virginia, 
the length of which Northward into the Countrey, as it hath 
not been fully discovered, so it is not certainly known. The 
bredth of it is about two hundred miles. * * 

— [Denton's Brief Description, 1670, 1 p. 1. 

Sir John Werden to Governor Andros, Jan. 28, 167£. 

* * * * 

As to yo r thoughts of bounding the Dukes territoryes North- 
wards by Canada, you will doubtless doe well to looke upon 
them alwayes as being soe bounded, the Dutch having ever 
claymed & never lost the possession of the same, and when 
any occasion shalbe to take out a New Pattent (be it upon the 

1 " Mr. Rich in his catalogue of hooks relating to America, states this to 
be the first printed account in English, of the Province of New York." 
— [MS. entry, on fly-leaf of copy in N. T. State Library. 



Boundaries of the State of New York. 21 

better adjusting the Boundaries with Connecticut or otherwise) 

then care wilbe had of fixing this northerne limitt. 

* * * * 

— [&. Y. Col. Doc, iii, 237. 

Gov. Andros concerning New York, 1678. 

* * * * 

9. Wee keepe good Correspondence with all o r neighbours as 
to Civill, legall or judiciall proceedings, but differ with Con- 
necticut for o r bounds and mutuall assistance \v ch they nor 
Massachusetts will not admitt. 

10. Our boundaries are South, the Sea, West Delaware ; 
North to y e Lakes or ffrench ; East Connecticut river, but 
most usurped and yett possed by s'd Connecticut some Islands 
Eastward & a tract beyond Kennebeck River called Pemaquid, 
&c. * * the Collony is in severall long narrow stripes ol 
w ch a greate parte of the settlem*. made by adventurers before 
any Regulacon by w ch Incroachm* 8 without patients w ch townes 
have lately taken but by reason of continuall warrs noe Survey 
made & [qu. of the] wildernesse, noe certaine computacon 
can be made of the planted and implanted, these last 2 yeares 
about 20,000 acres taken up and patten ted for particuler per- 
sons besides Delaware, most of the land taken up except upon 
Long Island is improued & unlesse the bounds of the Duke's 

pattent be asserted noe great quantityes att hand undisposed. 

* -x- * * 

— [N. Y. Doc. Hist, i, 60 (4°) ; 89 (8°). 

Gov. Dong an to Committee of Trade on the Province of 
New York, dated 22d February, 1687. 

* * -If -x- 
Further if Pennsylvania bee continued as by charter run- 
ning live degrees to the westward it will take in the most of 
the live nations that lie to the westward of Albany * * 
Those Indians and the people of this Govenn* have been in 
continued piece @ amity one with another these fifty years 
And those Indians about forty years agoe did annex their lands 
to this Governm* @ have ever since constantly renewed the 



28 Copies of Documents Relating to the 

same with every Governor that has been here both in the time 
of the Dutch @ the English @ in particular to myself who 
have given them largely in consideration of their lands 
-x- * * -x- 

I send a Map by Mr. Spragg whereby your Lop ps may see 
the several Goverm* 8 &c how they lye. 

* * * * 

For the longitude latitude and contents of this Goverm 1 I 
refer yo r Lo ps to the afore-mentioned Map wherein you will 
see in what narrow bounds we are cooped up 

The land of this Goverment is generally barren rocky land 
except the land wee have right to on the Susquehanna river @ 
up into the country amongst our Indians where there are great 
quantities very good 

■x- * * * 

— [N. Y. Doc. Hist, i, 98, 99, 101 (4°); 151, 158, 159 (8°). 

Territory Included in the First Organization of 

Counties. 

An Act to divide this Province and Dependency es into Shires 
and Countyes. [Nov. 1, 1683.] 

Hayeing taken into Oonsideracon the necessity of divideing 
the province into respective Countyes for the better governing 
and setling Courts in the same ; Bek It Enacted by the Gover- 
nour Councell and Representatives, and by the authority of 
the same, That the said province be divided into twelve 
Countyes as followeth. 

The Citty and County of New-Yor~ke to containe all the 
Island comonly called Manhatans Island Mannings Island 
and the two Barne Islands, the Citty to be called as it is New 
Yorke, and the Islands above specifyed, the County thereof. 

The county of West Chester to containe West and East 
Chester Bronx Land, ffordham, Annehooks Neck, Richbells, 
Minfords Islands, and all the Land on the Maine to the East- 
ward of Manhatans Island, As farr as the Government Extends, 
and the Younkers Land, and Northwards along Hudson's 
liiver as farr as the Highlands. 



Boundaries of the State of New York. 29 

The County of Ulster to containe the towns of Kingston 
Hurley and Marbletowue, ffox Hall, and the New Pallz, and 
all the Villages neighbourhoods and Christian Ilabitacons on 
the West side of Hudson's River from the Murderer's Creeke 
neare the Highlands, to the Sawyer's Creeke. 

The County of Albany to containe the Towne of Albany, 
the Collony of Renslaerswyek, Schonechteda, and all the 
villages, neighbourhoods and Christian plantacons on the East 
Side of Hudson's River from Roe! of Jansen's Creeke and on 
the west side from Sawyer's Creeke to the Sarraghtoga. 

The Dutchesses County to be from the bounds of the County 
of West Chester on the south side of the Highlands along the 
east side of Hudson's River as farr as Roel of Jansen's Creeke, 
and eastward into the woods twenty miles. 

The county of Orange to begin from the Limitts or bounds 
of East and West Jersey on the west side of Hudson's River 
alone; the said River to the Murderer's Creeke or bounds of the 
County of Ulster and westward into the Woods as farr as Dela- 
ware River. 

The County of Richmond to containe all Staten Island, 
Shutter's Island, and the Islands of meadow on the West side 
thereof. 

King's County to conteyne the severall towns of Boshwyck, 
Bedford, Brewklin, fflattbnsh, fnattlands, New Utrecht and 
Gravesend with the severall settlements and plantacons 
adjacent. 

Queene's county to Conteine the severall Towns of New- 
towne, Jamaica, fnnshing, Hempsteed and Oyster bay, with 
the severall outfarmes, settlements and plantacons adjacent. 

The County of Suffblke to Conteine the severall Towns of 
Huntington, Smithfield, Brookhaven, Southampton, Southold, 
East Hampton, to Montank point, Shelter Island, the Isle of 
Wight, fhsher's Island and Plumb Island with the several out- 
farmes settlements and plantacons adjacent. 

Duke's County to Conteine the Islands of Nantnckctt, 
Martin's Vineyard, Elizabeth Island and No man's Land. 

The County of Cornwall to Conteine Pemaqnid, and all 



30 Copies of Documents Relating to the 

his Royall Highnesses Territoryes in those parts with the 
Islands adjacent. 

And forasmuch as there is a necessity of a high sheriffe in 
Every County in this province, Bee it therefore Enacted by the 
Governour Councell and Representatives in General Assembly 
mett, and by the authority of the same That there shall be 
yearly and Every yeare an High Sheriffe Constituted and Com- 
missionated for Each County And that each Sheriffe may have 
his under Sheriff, Deputy or Deputyes. 

— [Dongaris Laws, MS., pp. 12-14, in Office of N. Y. Sec'y 
of State ; N. Y. Revised Laws, 1813, ii, Appendix, No. III. 



In April, 1001, [Vide Bradford's edition of 1710] an act 
was passed, entitled, " An act to divide this province and 
dependencies into shires and counties " similar to the preced- 
ing, except in the following particulars. 

The city and county of New-York, instead of the "two 
Barne Islands" merely names them "the Two Islands" and in 
addition thereto are included " The three Oyster islands, and 
the rest of the islands of the county," and "Manhattan's 
Island, to be called the city of New- York." 

Westchester county, "Annehooke's Neck" not named — 
" Manor of Pelham," added. 

The county of Albany — "the Towne of Albany," omitted 
to be named — " Colony of Renslaerswyck," called " The 
Mannor of Ranslaerswyck ; " and instead of "to the Saraagh- 
toga," is substituted "to the uttermost end of Sarraghtoga." 

Kinfs county — "Boshwyck" called "Bushwick" — 
"Bruc'klyn" [" Brewklin "], called "Brookland." 

Queers county — after "Oyster Bay," is added " with 
Horseneok" and are added, " The island called the Two 
Brothers, and Hullett's island." 
— [Revised Laws of N. Y., 1813, ii, Appendix, No. III. 



Bound aries of the State of New York. 31 

Cornwall County — Pemaquid and its Dependencies. 
* * * * 

Dr. Franklin B. Hough, the superintendent of the Census 
in New York, in his examination of documents in the State 
Department at Albany in 1854, discovered records and papers 
relating to the Dnke of York's province ,in Maine, and his 
other possessions in Massachusetts. Having communicated 
the fact to this Society [Maine Historical], measures were 
immediately taken to procure copies of them for publication. 
Our State [Maine] promptly granted to the Society three hun- 
dred dollars to defray the expenses of copying and printing. 

* •* * * 

— [Maine Hist. Soc. CoWns, v, Article II, Prefatory Note. 

* * * * 

By this beneficent act of the State, we have a collection of 
original documents, 1 touching one of the most interesting por- 
tions of our territory, of which Ancient Pemaquid was, in 
fact, the Capital. * * * * 

— [Idem, v, 141. 

Pemaquid. 

The eighth and last grant of lands, by the Plymouth Council, 
within the present State of Maine, was the " Pemaquid 
Patent," which was dated Feb. 20th, 1631. 2 This was to 
two merchants of Bristol, Robert Aldsworth and Gyles 
Elbridge. It extended from the sea between the rivers Mns- 
eongus and Damariscotta, so far northward as to embrace 
12,000 acres, besides settlers' lots; as it also was to include 100 
acres, for every person, who should be transported hither by 
the proprietors within seven years, and reside here three years. 
The grant was made to the patentees in consideration of pub- 
lic services past, and their present engagements to build a town. 

'Papers relating to Pemaquid and parts adjacent in the present State 
of Maine, known as Cornwall County, when under the Colony of New 
York, compiled from Official Records in the office of Secretary of State at 
Albany, N. Y. By Fu\nklin B. Hough. Albany, MDCCCLVI. 

2 For a copy of this Patent, see Maine, Hist. 8oc. Coll., v, 207. 



32 Copies of Documents Relating to the 

It included the Damariscove Islands, and all others within 

nine leagues of the shore. 

# -x- * * 

The earliest settlements seem to have been on the western 
banks of Pemaquid river, in 1623 or 4. * 

A fort was built there, the year before the date of the 
patent, * * and the plantation had a gradual uninterrupted 
growth till the first Indian war. The settlements extended to 
Damariscotta, and especially at the lower falls, they were seen 
rising on both sides of the river. 

The visitants, as well as inhabitants, were highly pleased 
with the situation of Pemaquid. A smooth river navigable 
a league and a half above the point, a commodious haven for 

ships, and an eligible site for a fortress, at once, filled the eye. 

* . * * * 

" The territory of Sagadahock," situated between the river of 
that name and Damariscotta, a tract of only five leagues in 
width, including the Sheepscot and the Islands, had attracted 
early and perpetual attention. * * There were inhabitants, 
traders, and fishermen on the river continually from A. D. 
1626, to the first Indian war. Also we find residents as early 
about Damariscotta lower falls, as at Pemaquid ; and above 
Wiscasset, we are told, there were, in the year 1630, " fifty 
families on what were called the Sheepscot farms" 
— {Williamson' 's History of Maine, i, 211-3. 



* * When Charles II. returned to England, m the year 
1660, notwithstanding his fair pretensions, the world was soon 
convinced that he intended to reign upon the same principles 
which had brought his father to the scaffold. His intention 
with regard to the colonies, was, to reduce them to the plan 
of twelve royal provinces, according to the ideas adopted by 
his father, in 1635, and to have a viceroy over the whole. 
According to this plan, he sent commissioners over, in the year 
1665, with authority to reduce the Dutch settlements on the 
Hudson ; to settle peace, and to establish good government in 
the colonies, Colonel .Richard Nichols, who was afterwards 



Boundaries of the State of New York. 33 

governour of New York, was joined with Sir Robert Carr, 
George Cartwright, and Samuel Maverick in the commission. 
The Dutch settlements at New York, Albany, and other 
places, were subdued by the English in that year; and the 
commissioners turned their attention to matters of government, 
but met so warm an opposition from the general court of 
Massachusetts, that nothing was done there. More attention 
was paid to them at Rhode Island and New Plymouth colonies. 

* * * * 

The commissioners, finding nothing to do in Massachusetts, 
went into New Hampshire, and finally, into the Province of 
Maine. Their intention was to maintain the twelve govern- 
ments of 1635 ; and the King appointed his brother, the Duke 
of York, afterwards King James II. viceroy of the country. 
The exercise of this government was not extended to any 
other places, than to the Province of New York and to the 
Province of Maine, and the territory east of it, then called the 
county of Newcastle. 

The attempt was, to consolidate the Province of Maine, and 
the other eastern division, into one government. The court 
holden by the commissioners, was at Sheepscott, fifteen miles 
east of the [then] Province of Maine; where they appointed 
a number of those persons, who were firm royalists, and who 
lived within the Province of Maine, in Scarborough, York, 
and Kittery, justices of the peace, under the Duke of York's 
government ; and established admiralty and other courts 
within the same. 

* * * * 

Henry Jocelen, Esq. [and five others], appeared in commis- 
sion, and declared their acceptance of the office and duty, by 
taking the oaths of allegiance and supremacy, as also that of a 
justice of the peace. * * Jossylyn [Jocelen] was appointed 
to decide, when the justices, including himself, were divided 
in their opinion, and the side he gave his vote on, prevailed on 
such division. This is the only institution of the kind which 
has ever been in the country or in England. * * 

The principal influence of the duke's government, was at 
5 



34 Copies of Documents Relating to the 

Sheepscott, and Pemaquid. What is now called Newcastle, 
anciently Sheepscotte, was, under that government, called 
Cornwall, in the county of New Castle : all the lands there 
were bought of the Indians by John Mason ; but governour 
Dungan, who was governour of New York, as well as of the 
eastern country, granted a great part of the territory over 
again. * * * * 

— [Sullivan's Hist, of Maine, pp. 284-286, 288, 289. 



The obscurity which has involved the history of that portion 
of Maine included within the patent of the Duke of York, 
while under the ducal government, has long been felt and 
acknowledged, and historians in their accounts of this period, 
have been obliged in the absence of authentic documents, to 
rely upon slight and imperfect data. The following papers 
now for the first time printed, it is believed, will add much to 
our acquaintance with the annals of the section known as 
" Pemaquid and its dependencies" in the early records of 
New-York. 

* * * * 

The New-York records do not show what jurisdiction was 
asserted over the eastern portion of the Duke's territories 
prior to the reduction of New- York by the Dutch in 1673. 
Upon that occasion the General Court of Massachusetts, under 
pretext of a survey that included the territory, took possession 
of the Pemaquid settlements, organized a local government, 
and in July, 1674, a court was held under this authority, 
within the Duke's territories. Upon the restoration of New- 
York to the English, by the peace of Westminster, a new 
patent, embracing the same territory, was taken out by the 
Duke of York, and upon the arrival of governor Andross, 
measures were taken to re-establish this authority throughout 
the government. Civil and military commissions were issued, 
and upon the organization of a General Assembly in New 
York in 1683, and the division of the colony into counties, 
" Pemy-Quid, and all the Territories in those Parts, with the 
Islands adjacent," were erected into the county of Cornwall, 



BOUMDARIES OF THE STATE OF NEW YORK. 35 

and entitled to send one member to the General Assembly. 1 
This connection continued until the succession of the Duke of 
York to the throne, when by a royal order these territory's 
were annexed to the New England government. 

— {Hougli's Pemaquid Papers, — Introduction. 

At a Councell June 9, 1677 
A proposall being made by the Governor whether it would 
bee advisable to send to take Possession and assert the Dukes 
Interest at Pemaquid, & parts adjacent Eastward, according to 
his Roy 11 H s Pattent or nott. 

Upon consideracon had thereupon, It was thought advisable 
so to do, And that if we make Peace with the Indyans there 
the Massachusetts to bee comprized if they Please. 

All the ffishermen & old inhabitants to be restored and 

Protected. 

* * * * 

— \HougKs Pemaquid Papers, pp. 14, 15. 

At a Councell &c. June 24 th , 1680 

Ordered, That some persons bee appointed to goe from 
hence to Pemaquid, for holding Co rts . 

That in their way they call in at ffishers Island, the 
Governm 1 whereof is to bee asserted, & that a Constable bee 
appointed there. They are likewise to put in at Martins 
Vineyard & Nantucket, that fitt Magistrates may be elected 
& confirmed there & that they be required to send one of 
their former number hither, to answer their neglect in not 
making due returnes of their Elections the last Yeare. 

Blanck Civill Comissions for Martins Vineyard & Nantuckett. 

Military Comissions for Pemaquid. 

June 26. Saggadock magistrates or offic rs to continue, the 
Co rt to try onely for 40 s instead of 5 lb formerly granted 

them. 

* * •* -* 

Land to be given out indifferently to those that shall come 

1 It will be seen that Gyles Goddard actually represented Cornwall county 
during one session. 



36 Copies of Documents Relating to the 

& settle, but no trade to bee at any other place than Peniaquid 
& none at all with the Indyans as formerly ordered. 
* * * * 

— [Idem, pp. 35, 36. 

A Commission for Cap 1 ffrancis Skinner to he Command r att 

Pemaquid and Parts Eastward. 
By the Comander in Chiefe 

I doe hereby Constitute and appoint you Cap* ffrancis Skin- 
ner to be Command 1- att Pemaquid and Parts Eastward under 
the Governm*. of his Roy 11 . Higlmesse * * Given und r 
my hand and Seale in New Yorke this 30 th of August 1681. 

A. B. 

[Anthony Brockholles.] 

— [Idem, p. 45. 

A Letter from Cap* Brockliolls to Justice Josline att Pema- 
quid, New Yorke August 24' A 1682. 
Sir 

In Answer to yo r s of the 17 th : July I am Glad to heare of 
the Settlement of yo r Partes which must be Encouraged and 
is Left to your Mannagment with the advice of the Com- 
mander and those in Place According to the Regulacons and 
Orders given by the Governo 1 ", which still Remaine in Force 
and must be Attended and Observed accordingly The num- 
ber of Persons you mencon will add much to the strength and 
trade of the Country which Shall Endeavour to Supporte the 
Proper plans for Settlem*. You are best Acquainted with 
Therefore Left to you as Aforesaid to order the Laying out 
what wrott by Castine is of noe Importe you Knowing the 
Extent of his Roy 11 High 8 Limitts which must be Maintained 
according to his Pattent 

•* * # ■* 

Yo r Affectionate ffriend 
A. B. 

— [Idem, pp. 58, 59. 



Boundaries of the State of New York. 37 

Commission for Settling the Duke of York's Title. [Novem- 
ber, 1683.] 

Coll Tho. Dongan Liev 1 Gov r and Yice Admirall under his 
Royall High 88 of New Yorke & Dependeneyes in America. 

By virtue of the authority Derived unto me I do hereby 
Constitute and appoint you, Ensigne Thomas Sharp John 
Allen Esq. Justices of the peace M r Richard Pattishall M r 
Alex 1- Waldrop M r Thomas Gyles or any three of you to be 
Commissioners for the settling his Royall Highne 8 territories 
between the River Kenebeck and S l Croix Giving you full 
power and authority to act as commissioners and to consult 
make rules and orders for the good and wellfare of the 
said places and Government and to call to question and pun- 
ish all offenders according to law and practise and all persons 
whom it may concerne are strictly charged & required to give 
you due respect & obedience accordingly * * * 

— [Idem, pp. 59, 60. 

At ffort James in New Yorke 

September the 13 th 16S6. [16S3.] 

* * * * 

Ordered that John Allen be made Sherriff of Pemaquid & 
Dependences, as Islands & whatever is thereto belonging, & 
he is to appoint the ffreeholders of Pemaquid & Dependences 

to meet & Chose one Representative 

# # # # 

— [Idem, p. 73. 

Petition from the Inhabitants of Pemaquid. 
To the Honred e Coll Thomas Dongan Left. Govern 1- * * 

and to his Hone rbI Counsell now Sitting att New Yorke 
The humble Petion of the inhabytance of the Extreme partes 

of his Riall Hiness Teritory Betwene the Riuer Kenybeke 

and S u Croix 

Humbly Sheweth 

* * Affter seurill yeares suffring By ouer Great Distant 
ffrom New Yorke whare wee are all wayes to have oure 
Releese in such and the Licke Cases — 



38 Copies of Documents Relating to the 

P r mis the Boody of Lawes of New Yorke and the adjasent 
partes of his Ryall Hiness territory hath not these partes in 
it Thare fibre humbly Request that wee may bee A mimber 
of that Boody — 

2 ly — Thare has ben but one l appointed ffor these 

partes which all Cases Com beffore and if Injustis Don any 
man vnder correeation bee it spoocken to the Loos of his 
Estate or Dammige to his parson this Law Appointes noe 
Appeall ffor vs which priueliges is a Lowed of By y or Hon r 
and Counsell at New Yorke and thare ffore hope yo r Hon er will 
prouide som way ffor ouer Releese 

•^r ^r ■Xr ^f 

— [Idem, pp. 81-83. 

At a Council Apr 21 Bt 1684 
* * * * 

A petition from New Dartmouth for a patent 2 referred untill 
the Governo 1- go to Pemaquid 

A petition fro m M r Alleyn for y e same referred untill the 
Governo r go to Pemaquid & both given back to M r Giles 
Goddard. 

— [Idem, p. 94. 

Commission of Gyles Godard as Surveyor. 
Thomas Dongan Lieu* and Governor &c 

Whereas by the Severall Petticons of the Inhabitants of 
Pemaquid it appears to be Convenient and necessary to have 
a Surveyor in the County of Cornwall I have therefore thought 
fitt to Constitute and appointe Giles Godard Esq 1- to be Sur- 
veyor of the said County and to Lay out any Tract or Parcell 
of Land not Exceeding the quantity of one hundred acres for 
Each Person and alsoe to survey all Toune Shippe not already 
Surveyed not any wayes Prejudiciall to any Persons Right or 
Interest and to make a Returne thereof to me for which this 

1 Part of record lost. 

3 For a copy of this petition, see Hough's Pemaquid Papers, pp. 95-100. 



Boundaries of the State of New York. 39 

shall be your Warrant. Given under my hand and seale att 
Fortt James in Mew Yorke the 22 d day of October 1684. 

Passed the Office, Tho: Dongan 

J. Spragge Sec r . 

— [Idem, pp. 106, 107. 

Royal Order for the Surrender of Pemaquid to Massa- 
chusetts. 
James R. 

Trusty & well beloved wee Greet you well. Whereas wee 
have thought n'tt to direct that our fit'ort & Country of Pema- 
quid in Regard of its distance from .New Yorke bee for the 
future annexed to & Continued under the Governm 1 of our 
territory & dominion of New England our will & pleasure is 
that you forthwith Deliver or cause to be delivered our said 
ffort & Country of Pemaquid with the Greate Gunns l ammu- 
nicon & stores of warr together with all other vtensills & 
appurtennces belonging to the said ffort into the hands of 
our trusty & welbeloved S r Edmund Andross Knight our 
Captaine Generall & Governour in Cheife of our territory & 
dominion of New England or to the Governour or Comman- 
der in Cheife there for the time being or to such person or 
persons as they shall Impower to receiue the same and for soe 
doing this shall be your warr". 

Given at our Court at Windsor this 19 th day of Sepf 1686 
& in the second yeare of our Reigne. 

By his Ma tles Comand 

Sunderland CI. 

— [Idem, pp. 130, 131 ; Deeds, viii, 75. 

Sheepsoot. 
* * -k * 

The loss of the " Sheepscot Records," 2 or what was some- 
times called " The Records of the Eastern claims of lands," 

'The Great Guns from the Fort at Pemaquid, after heing carried to Bos- 
ton, were by order of the King in the spring of 1691, transferred to New 
York. (N. Y. Coll. MSS., xxxvii.) 

5 Supposed to have been destroyed in the fire which consumed the Gov- 
ernment House in Boston about 1748. 

— [Maine Hist. Soc. Coll., iv, 228. 



40 Copies of Documents Relating to the 

was irreparable. It was commenced by Walter Phillips of 
Damariscotta, who was chosen clerk of the commissioners 
appointed by the Duke of York, to settle his affairs in this 
section of country. It was entitled " The rolls of such Acts 
and Orders, passed the first session holden in the territories of 
his Highness, the Duke of York ; on the Eastern and North- 
ern side of Sagadahock, and extending to Novascotia ; begun 
at the house of John Mason on the Sheepscot River, Sept. 
15th, in the 17th year of our Sovereign Lord, the King, Anno 
Domini 1665." This contained a Registry of grants under 
the Duke of York, of Indian deeds and other conveyances, 
and was continued about 15 years, or till after the settlement 
was destroyed. * * * 

— [Maine Hist. Soc. Coll., iv, 209, 210. 

■* % *■ •* 

Although the precise year of founding this settlement is not 
known, yet it is quite certain that it was done as earl} 7 as the 
above named year [1621]; for "In 1630," says Sullivan, 
" there were fifty families on what were called the " ' Sheepscot 
Farms.'" * * * * 

My own * opinion is, that it was the most important and most 
populous^ of all the settlements made at that time in this region, 
that of Pemaquid alone excepted. It was here that the Duke 
of York established his County seat and had the principal busi- 
ness of his extensive province transacted. 

Two elements of national character most probably entered 
into the formation of this settlement — the English and the 
Dutch. For while the names of the settlers which are found 
written in the Chronicles of the times, are of English origin, 
relics of manufactured articles, evidently of Dutch origin have 
been found in considerable quantities, among the ruins of this 
ancient settlement. 

# # # # 

After the territory passed into the hands of the Duke of 
York, he appointed Commissioners to settle the affairs of Maine. 
Sept. 5th, 1665, they met at the house of John Mason, who 

1 The writer is Rev. David Cushman. — [P. 



Boundaries of the State of New York. 41 

lived on the East Bank of Sheepscot River, at the " Great 
Neck," not far from a " Block House or small fort." There 
they erected the territory into a county by the name of Corn- 
wall. The settlement at Sheepscot, together with what now 
comprises Newcastle, received the name of New Dartmouth ; 
and they established the line which divided this county from 

Femaquid. 

* * % -» 

This section of country has passed through quite a variety 
of hands. In 1606, King James I, granted the Patent of 
"North and South Virginia, to an association of gentlemen 
whicli included all the territory lying between the 34th and 
45th degrees of North latitude. In 1618, the grand Patent 
was issued to the council of Plymouth, another association of 
gentlemen whose head quarters were in Plymouth, England. 
This included all the territory lying between the 40th and 48th 
degrees of latitude. They held possession of this immense 
tract of country till 1635, when this council broke up and the 
whole territory was divided into 12 Royal Provinces. The 
first of these provinces embraced the country lying between 
the St Croix and Pemaquid, and from the head of the latter 
river to the Kennebeck in the nearest distance ; thence upward 
to its source. This was called the '' County of Canada," and 
was assigned to Sir Wm. Alexander, Earl of Stirling. It 
included the Muscongus grant, and the Easterly halves of the 
Pemaquid and Kennebeck Patents, extending to the 48th 
degree of North latitude. 

This division embraced the settlement at Sheepscot, and in 
1664 was assigned to the Duke of York, afterwards James II. 
who gave it the name of the " Territory of York ; " but the 
Duke's agents called it Newcastle ; it being the same name 
given to the southernmost section of his patent on the 
Delaware. 

The Duke continued his claim to this territory till his abdi- 
cation, which occurred in the 25th year of his reign, when it 
reverted to the Crown of England. 

But the days of this colony were soon numbered. It was 
destined to fall during Jamcs , administration. But a half 
6 



42 Copies of Documents Relating to the 

century had passed away, when the war between the New 
England colonies, and King Phillip broke out and raged with 
terrible fury. * * * * 

At that time, all the settlements on the Kennebeck river, 
together with those on Parker's and Arrowswick Islands, Cape 
Newaggan, Damariscove, New Harbor, Muscongus, Damaris- 
cotta, Pemaquid, St. George, besides scattered buildings in 
various places, were entirely consumed. The heathen left 
nothing remaining, and the land lay desolate many years. 

* * * * 

— [Idem, iv, 218-223. 

Ancient Pemaquid. 1 
The history of Ancient Pemaquid has a peculiar interest 
not belonging to any other point on our shores. It unites us 
intimately to one of the principal commercial cities of Eng- 
land, for a lengthened period, second only to London ; and 
with singular happiness, this historical affiliation is perpetuated 

in her recent corporate name, Bristol. 

* # * * 

The merchants of Bristol were early and deeply engaged 
in the enterprises of American discovery, and England's most 

distinguished navigator [Hakluyt] was from that port. 

* * * * 

Among the British merchants we recognize the names and 
families of Aldworth and Elbridge, attractive to us as the 
Patentees of Pemaquid. * * * 

— [Maine Hist. Soc. Coll., v, 147-149. 

* * Verily, Pemaquid forms the initial in New England 
Colonization, and this we have on the high authority of him 
whom we proudly claim as the Founder of Maine [Ferdinando 
Gorges.] * * * * 

— [Idem, v, 157. 

Pemaquid, like Acadia, appears to have been of indefinite 
extent ; but under this general name there seems to have been 

1 Ancient Pemaquid; An Historical Review. Prepared at the request of 
the Maine Historical Society, for its Collections, by J. Wingate Thokn- 
ton. 



Boundaries of the State of New York. 43 

embraced at a later date Monhegan, and its companion, the 
islet of Monanis, the cluster of the Damariscove islands, and 
territory somewhat beyond the peninsula of Pemaquid proper. 
This euphonious title, which had designated this locality, for 
centuries, perhaps, before the discovery of the New World, 
and now so happily preserved, is supposed to be in the Indian 
tongue, nearly equivalent to our word promontory, — land jut- 
ting or reaching out into the sea, — a beautiful instance of the 
pictorial language of the primitive race. 

— [Idem, v, 181. 

* * * * 

It is a glory to Pemaquid, that she can claim Samaset, or 
Sammerset, as her Lord or Sagamore, and as such he is enti- 
tled to our special attention. It was he who welcomed the 
Pilgrims at Plymouth, and seemed to them as God's messen- 
ger to prepare the way for them in the wilderness. * * 

— [Idem, v, 186, 187. 

* * At this period, [1625], Pemaquid was probably the 
busiest place on the coast, though Conant was then laying the 
foundation of Massachusetts at Cape Anne, and the Pilgrims 
at Plymouth were struggling for life. Weston Thomson and 
Gorges, were here. * * * * 

— [Idem, v, 194. 

* * * * 

Every year added to the number of settlements, and Pema- 
quid was now [1631] looked upon as an old colony. * * 

The futile and unhappy attempts to monopolize the trade 
and fisheries on our seas were a prolific source of discord and 
petty quarrels, highly injurious to the interests of the colony, 
and detrimental to the adventurers in England, because it 
embroiled them in the angry political strifes of the times. 
Their misery was the price of our liberty. The exclusive grant 
of the fisheries in the American seas was prominent in the 
catalogue of royal offences, — the abuses of prerogative, and 
violations of the Constitution. The last of these patents was 
that given to Aid worth and Elbridge. * * The grant bears 
date not long after the treaty of St. Germain, when " baby 
Charles," with that recklessness of national interest and honor 



44 Copies of Documents Relating to the 

which made the Stuarts detestable, conveyed to France the 
whole of Canada and Acadia. This folly was the greater, 
because the limits of Acadia were left undefined. Pemaquid 
was within this doubtful jurisdiction, and from this time 
became one of the most important points in the colonial 
struggles of the two nations, and its fate depended chiefly on 
interests external to itself. It ranked as a military post, and 
its history is to be found in the State archives at Paris and 
London, at Boston and Albany, and at Toronto. From this 
it will be seen that Pemaquid has a twofold interest, — one, as 
illustrating the influence of European politics on the American 
colonies, and the other, the no less exciting story of its own 
romantic fortunes. * * * * 

— [Idem, v, 198, 200, 201. 

The interests or wishes of the people, if they presumed to 
have any, did, in fact, enter not at all into the consideration of 
the King, who disposed of their territory upon the caprice of 
the moment, and for merely personal objects, so that we are 
but little surprised by the gift of March 12th, 1664-5, to his 
brother James, the Papist, of the territory between the St. 
Croix and Pemaquid river. This was included in the Patent 
with New York. The Duke left them for years without any 
attention ; yet if they had attempted self-government, after 
the precedent in Massachusetts, they would have been crushed. 
* * But, about this time, the visit of the Royal Commis- 
sioners caused a spasmodic action ; they commissioned Henry 
Jocelyn, Esq., Rev. Robert Jordan, Mr. Thomas Gardner of 
Pemaquid, Mr. George Munjoy, Capt. Nicholas Raynol, and 
Mr. William Dyer, who took the oaths of allegiance and 
supremacy, and of a justice of the peace, on the fifth of 
September, in John Mason's house, on the Sheepscot. * * 

The Massachusetts, puritan, or republican influence was 
Bteadily progressing, and only a small minority of the inhabit- 
ants appeared to swear allegiance to the new authorities. 
There were none from Monhegan, and only four from Pema- 
quid ; Henry Chamness, Edmund Arrowsmith, George Buck- 
land, and last of all, " Mr. Thomas Elbridge." * *" * 



Boundaries of the State of New York. 45 

It was all in vain ; and Thomas Elbridge lived long enough to 
sign with his fellows, a "Humble Request" to the Puritan 
Commonwealth, that they would " please so farr to favour us 
as to take us under jour government and protection, that we 
may all have the Benefit of all those Laws settled amongst 
yourselves granted unto us." * * 

For the next few years, there is little of moment in the local 
events. The struggles for jurisdiction in the east waxed warmer 
and warmer between Massachusetts and the crown : the former 
had the advantage of popular favor ; but this belongs rather 
to the general history of the State. The ever varying terri- 
torial names sufficiently indicate the fluctuating and uncertain 
tenure of authority. " The Duke of York's property," " The 
Territory of Sagadahock," " New Castle," " County of Corn- 
wall," " Devonshire," appear in quick succession. * * 
— [Idem, v, 235-238, 242. 

* * While the Council at Whitehall were fearful, and 
hesitating, Massachusetts proceeded with firmness in her rights. 
Under an act of May, 1671, George Munjoy of Falmouth 
ascertained by actual survey that Pemaquid and Monhegan, 
and other settlements were within her charter limits, and 
reported that " all the inhabitants East along, seemed much to 
desire " their government. This report was made in May of 
the year 1672. In the spring of the next year, the " Gents," 
" inhabitants of Pemaquid," were surprised by a letter from 
their " very affectionate friend," Lovelace of New York, depre- 
cating censure for the Duke's total neglect of them for eight 
long years, and asking them what government would most 
conduce to their happiness and increase, and offering to invest 
them with ample power in both " Ecclesiastick and civil 
affayres." * * This benevolent design was frustrated by 
the Dutch, who captured New York, in the next July, and 
the pious Lovelace fled to England. Again the Pemaquiders 
were without a Shepherd. As abundant evidence of the 
popular wish and favor towards Massachusetts accumulated, 
the Puritan Commonwealth yielded to their prayers, and 



46 Copies of Documents Relating to the 

under her authority a Court was held at Pemaquid on the 22d 
of July, 1674, the Commission for which, and the report of 
the proceedings under it, are found in the Colony Records. 

# ■* * # 

On the first of July, 1674, Major Edmund Andros was com- 
missioned Governor of the territory between the St. Croix 
and Pemaquid. This did not disturb Massachusetts, and in 
May, 1675, she appointed Capt. Thomas Lake and others, to 
hold the courts in " Devonshire," as usual, and again in 1676, 
May 5th, they were commissioned to the same duty. 

But tragic and fearful events were now rapidly approach- 
ing ; the gathering cloud hushed every thought but that of 
personal safety ; * * but ere thought had become action, 
escape was too late, and every settlement, yesterday in security 
and peace, was now laid waste by indiscriminate slaughter ; 

* * * * 

News of the violence at Casco reached the Kennebec, and 

the next two days, August 13th and 14th, 1676, witnessed 

the destruction of the English settlements in " Devonshire 

County ;" — Pemaquid, New Harbor, Corbins' Sound, and 

Windgin's were all seen on fire within the same two hours. 
•* * * * 

— [Idem, v, 247, 248, 250, 253. 

* * There is no doubt that Edmund Andros winked at the 
beginning of King Philip's terrible career, that he abandoned 
the Duke's Eastern territory and settlements, that Massachu- 
setts was at first alone in aiding the Maine frontiers, and that 
when the country was, as he himself reported, " wholly 
deserted by the Indians," this Munchausen again took posses- 
sion. This was in June, 1677. * * " Royall Highness " 
sloop with four guns, was appointed to guard the coast and 
fisheries. * * Andros endeavored to create a monopoly of 
fishing on the Duke's coasts, and established a custom house 
at Pemaquid, with a view to exclude Massachusetts from any 
further interference there. 

They soon made peace with the Indians, in which Massa- 
chusetts was included. * * * 



Boundaries of the State of New York. 47 

Efficient measures were adopted for the settlement of Pema- 
quid, " the extreme parts of his Riall Hiness territory Betwene 
the River Kenybeke and St. Croix." * * 

The inhabitants and fishermen of Pemaquicl cared no more 
for " Kiall Hiness," than did their fathers for Royal patents. 
At last these Pemaquiders, eighteen of them, in the year 1683, 
said to " Riall Hiness," in tolerably plain English, that they 
did not like his laws, or his governors, and that they would 
like to " bee a member of that Boody," at the other end of 
" Royall Hiness territory," and try to govern themselves. 
* * This serious remonstrance from the next door neighbors 
of the impracticable Puritans was not ineffectual ; they " met 
and chose one Representative " of " the freeholders of Pema- 
quid and Dependancies," to go to New York. Mr. Gyles 
Goddard was the man ; he carried two petitions from the 
people, but they were returned to him, with an order to wait 
the governor's leisure to visit Pemaquid. This is the whole 
record of Mr. Giles Goddard's parliamentary life. To induce 
people to immigrate to Pemaquid, large grants of land were 
made, with a recklessness that led to endless " disorders and 
confusions." They first made grants, and then sent a sur- 
veyor to locate the territory, if it could be found. 

* * * * 

His " Riall Hiness " became his " Majesty " James II., 
and his province reverted to the Crown ; he appointed the 
detested Andros " Governor of New England," and on the 
nineteenth day of September, 1686, ordered that the fort and 
country of Pemaquid, with the great guns, ammunition and 
other stores of war, should be transferred to the government 
of New England. 1 Thus was dissolved an unnatural and 
inconvenient political relation between the remote territory of 
New York and Pemaquid. * 
— [Idem, 258, 259. 261, 263-5. 

1 The details of these general Statements may be found in the Albany 
[Hough's] Pemaquid Papers. 



48 Copies of Documents Relating to the 

Dukes • County — Nantucket, Martha's Vineyard, and 
adjacent islands. 

# * •* * 

1668. The islands of Martha's Vineyard and Nantucket, 
although contiguous to the coast of New Plymouth, were 
included by name in the Duke of York's Patent. In 1641 
they had been conveyed by Stirling and Gorges to Thomas 
Mayhew and his son, who, after 1654, finding that they were 
out of the jurisdiction of Massachusetts and New Plymouth, 
exercised a kind of independent government in their remote 
habitations. * * * * 

1671. Nicolls had appointed Thomas Mayhew to superin- 
tend affairs there ; but as the relations between those islands 
and New York were vague, the governor notified their land- 
holders to take out fresh patents. Mayhew accordingly came 
to New York in behalf of Martha's Vineyard, and Tristram 
Coffin, with Thomas Macy, represented Nantucket. Lovelace 
readily made Nantucket a township, and commissioned Coffin 
its chief magistrate, in subordination to New York. A simi- 
lar patent was granted to Martha's Vineyard, of which the 
venerable Mayhew was appointed governor during his life. 
His grandson, Matthew Mayhew, was also commissioned as 
collector of the duke's customs for the several islands. * * 

1673. At Martha's Vineyard, affairs went quietly on under 
the government of Mayhew, and a code of laws was passed at 
a General Court held at Edgartown. Nantucket, however, 
" would not proceed " in the same way ; and Lovelace 
appointed Richard Gardner its chief magistrate, in place of 
Coffin, with instructions. One of these was that the island 
should thereafter be known as the town of Sherborne. 

•* * *■ % 

1674. Although Pemaquid, Martha's Vineyard, and Nan- 
tucket had been included in the Duke of York's patent, and 
had been governed by Nicolls and Lovelace, they were not 
comprehended in Colve's commission. 1 This produced a sort 

1 Colve was Governor during the brief supremacy of the Dutch, in 1673. 
-[P. 



BOUNDAEIES OF THE STATE OF NlSW YORK. 49 

of interregnum in those secluded regions, and many disorders 
occurred. Some of the " opposition" inhabitants of Martha's 
Vineyard and Nantucket riotously endeavored to "transfer" 
them under .the government of Massachusetts ; but, through 
the firmness of the venerable Thomas Mayhew, they were 
held for the dnke — the arrival of whose new governor was 
patiently waited for, " as in time of great drought, for the 
latter raine." Mayhew was accordingly reinstated in his 
" first right " ; and the ringleaders in the late disorders were 
directed to be punished. Nantucket soon after declared that 
the coming of the duke's governor was to them " as the rising 
sun after a dark and stormy night." It was therefore ordered 
that the two islands should continue to enjoy their former 
privileges in subordination to the government of New York, 
and that the old magistrates should retain their places. 
* * * * 

1680. At the Court of Assizes this autumn, justices attended 
from New Jersey, Nantucket, and Pemaquid. 1 * * 

— [Brodhead's Hist, of N. Y., ii, 138, 173-4, 199, 278, 335. 

Prudence Island — "Sophy Manor." 
" A Patent or Confirmacon of Prudence Island Graunted 
unto M r John Paine," was issued by Governor Lovelace, on the 
25th day of July, 1672. It is described in the Patent as " a 
Certaine Island scituate lyeing & being in Narhygansett Bay 
comonly called and Known by the Indyan Name of Cheba- 
tewesett & y e English Name of Prudence Island which 
Stretcheth itselfe Length wise nearest North and South in 
the said Bay w ch said Island was heretofore Purchased for a 
Vail liable Consideracon of the Sachems of the Narhigansett 
& other Indyans true Proprieto™ thereof by the Predecesso" 
of M r - John Paine & himselfe in the Possession and Occupation 

1 The Court of Assizes was composed of the Governor, Members of the 
Council, High Sheriff and such Justices of the Peace as might attend. * * 
in addition to Judicial, this Court exercised a sort, of Legislative power, 
and registered the Edicts of the Duke of York, and of the Governor and 
Council. * * It was abolished in 1683. 

— [iV. T. Civil List, 1870, pp. 43, 44. 

7 



50 Copies of Documents Relating to the 

of whom it. hath Continued for the space of Thirty Yeares & 
upwards & soe doth still remaine. * * & y e said p r sent 
Proprietor John Paine having been made acquainted that the 
said Island Together w th many other Islands in those Parts are 
included in his Eoyall Highness his Gen r11 Patent from his 
Ma tle as by a Commission under the Great Seale of England 
appeares and is expressed in these and other inclusive words, 
And also all those Severall Islands called and known e by the 
Name of Martins Vineyard and Nantukes otherwise Nantukett 
Together w th all the Lands Islands Soyles Rivers Harbo" & 
doth properly belong to this Province the w ch is likewise 
the Desire of the said John Paine that the said Island and 
Inhabitants should be Govern'd & bee under the Protection 
of his Royall Highness the w ch 1 have thought fitt and reason- 
able to Grant " * * by the name of Sophy Manno 1- * * 

" Orders & Priveledges for y e Welfare & Good Governm* of 
Prudence Island " are recorded with the aforesaid Patent. 1 

— [Patents, iv, 86-90. 

Newcastle, Kent and Sussex : — now part of Pennsylvania. 

* * # # 

This province [Pennsylvania] and territories are by three 
distinct grants. 1. The province of Pensylvania by patent 
from K. Charles II. dated March 4, 1680-1. 2. The duke of 
York, 1683, August 24, sold to AYilliam Penn the elder, his 
heirs and assigns, the town of Newcastle alias Delaware, and 
a district of 12 miles round Newcastle. 3. Duke of York by 
another deed of sale August 24, 1683, made over to said 
William Penn, his heirs and assigns, that tract of land from 
twelve miles south of Newcastle, to the Whore-kills, other- 
wise called Cape-Henlopen, divided into the two counties of 
Kent and Sussex ; which with Newcastle district, are com- 
monly known by the name of the three lower counties upon 

Delaware river. 

* * * ' * 

— [Douglass 1 Hist, of N. A., ii, 297. 

1 Disallowed by K. 1., and authority resisted. — [Hough's Gazetteer of N. T 
(1872), p. 48. 



Boundaries of the State of New York. 51 

Lords of Trade to Lord Cornbury, May 1, 1706. 

To the Eight Hon ble the Lord Cornbury Governour of New 

York. 

* * We have not received the Copy of King Charles the 

second's grant to the Duke of York for Lands from S l Croix 

to Delaware Bay, mentioned to be in your Lord p 's letter of 

the 20 th of November ; * * however we have an entry in 

our Books of the said grant, * * and are satisfyed that 

Newcastle and the two lower Counties, are not included in the 

grant ; but M r Penn having a lease thereof from the Duke of 

York who was in possession, he does insist upon his own right 

by virtue thereof. 

■* * * * 

— [N. Y. Col. Doc.,iv, 1175. 

Secy. Matlack to Agents of Pennsylvania. 

Philada. Novr. 30, 1782. 

* * * * 

After diligent search no other release from the Duke of 
York can be found than what relates to New Castle and the 
islands in Delaware &c. It is probable the record of his 
release of Penns. has been entered in New York, part of the 
records of that State are at Esopus & part in New York city, 

to the former Mr. Osbourne may have recourse. 

* * * * 

— \_Penn. Archives, ix, 694. 

Fisher's Island, — The North Easterly Part of Suffolk 

County. 
166S. * A few miles from Stonington, in Connecticut, is 
island, about nine miles long and one broad, which the Dutch 
discovered in 1614, and named the " Visscher's" or Fisher's 
Island. As it was near the mouth of the Mystic, John 
Winthrop obtained a grant of it in 1640 from Massachusetts, 
and in the following year the assent of the Hartford Court ; 
and in 1644, he bought it from the savages. But, as it was 
included in the Duke of York's patent, Winthrop procured 
from Nicolls a confirmation to himself of Fisher's Island " as an 



52 Copies of Documents Relating to the 

entire enfranchised township, manor, and place of itself; and 
to have, hold and enjoy equal privileges and immunities with 
•any other town, enfranchised place, or manor, within the 
government of New York ; and to be in no wise dependent 
upon any riding, township, place, or jurisdiction whatsoever'." 
In vain Connecticut afterward attempted to assert her authority 
over Fisher's Island. It still forms part of Suffolk county, in 
the State of New York, and was, until recently, owned by 
Winthrop's descendants. * * * 

— [BrodheaoVs Hist, of N. T., ii, 139. 

Second Massachusetts Charter. October 7, 1691. 

WILLIAM and Mary, by the grace of Grod, of England, 
Scotland, France, and Ireland, King and Queen, defenders of 
the faith, &c. To all to whom these presents shall come, 
greeting. Whereas * * And whereas several persons 
employed as agents in behalf of our said colony of the Massa- 
chusetts Bay, in New England, have made their humble 
application unto us, that we would be graciously pleased, 
by our royal charter, to incorporate our subjects in our said 
colony, and to grant and confirm unto them such powers, 
privileges, and franchises, as in our royal wisdom should be 
thought most conducing to our interest and service, and to the 
welfare and happy state of our subjects in New-England. 
And we being graciously pleased to gratifie our said subjects ; 
and also to the end our good subjects within our colony of 
New-Plymouth, in New-England aforesaid, may be brought 
under such a form of government, as may put them in a better 
condition of defence ; and considering as well the granting 
unto them, as unto our subjects in the said colony of the 
Massachusetts Bay, our royal charter, with reasonable powers 
and privileges, will much tend, not only to the safety but to the 
nourishing estate of our subjects in the said parts of New- 
England, and also to the advancing of the ends for which the said 
plantations were at first encouraged, of our special grace, certain 
knowledge, and mere motion, have willed and ordained, and we 
do by these presents, for us, our heirs and successors, will and 



Boundaries of the /State of New York. 53 

ordain, That the territories and colonies commonly called and 
known by the names of the colony of the Massachusetts Bay, 
and colony of New-Plymouth, the province of Main, the terri- 
tory called Accada, or Nova Scotia ; and all that tract of land 
lying between the said territories of Nova Scotia, and the said 
province of Main, be erected, united and incorporated : and we 
do by these presents unite, erect and incorporate the same into 
one real province, by the name of our province of the Massachu- 
setts Bay, in New-England ; and of our especial grace, certain 
knowledge, and mere motion, we have given and granted, and 
by these presents, for us, our heirs and successors, do give and 
grant, unto our good subjects the inhabitants of our said pro- 
vince or territory of the Massachusetts Bay, and their suc- 
cessors, all that part of New-England, in America, lying and 
extending from the great river commonly called Monomack, 
alias Merimack, on the north part, and from three miles north- 
ward of the said river to the Atlantick or Western Sea or Ocean 
on the South part, and all the lands and hereditaments what- 
soever, lying within the limits aforesaid, and extending as far 
as the outermost points or promontories of land called Cape- 
Cod, and Cape-Malabar, north and south, and in latitude, 
breadth, and in length, and longitude, of and within all the 
breadth and compass aforesaid, throughout the main land 
there, from the said Atlantic or Western Sea and Ocean, on the 
east part, towards the South Sea, or Westward, as far as our 
colonies of Rhode-Island, Connecticut, and the Narraganset 
country. And also, all that part and portion of main land, 
beginning at the entrance of Piscataway Harbour, and so to 
pass up the same into the river of Newichwannoek, and 
through the same into the furthest head thereof, and from 
thence north-westward ; till one hundred and twenty miles be 
finished, and from Piscataway Harbour's mouth aforesaid, 
north-eastward along the sea coast to Sagadahock, and from 
the period of one hundred and twenty miles aforesaid, to cross 
over land to the one hundred and twenty miles before reckoned 
up, into the land from Piscataway harbour through Newich- 
wannoek river, and also, the north half of the isles of Shoals, 



54 Co p iks of Documents Relating to the 

together with the isles of Capawock, and Nantuckett near 
Cape-Cod aforesaid; and also the lands and hereditaments 
lying and being in the country or territory, commonly called 
Accada or Nova Scotia; and all those lands and hereditaments 
lying and extending between the said country or territory of 
Nova Scotia ; and the said river of Sagadahock, or any part 
thereof; and all lands, grounds, places, soils, woods, and wood- 
grounds, havens, ports, rivers, waters, and other hereditaments 
and premisses whatsoever, lying within the said bounds and 
limits aforesaid, and every part and parcel thereof. And also, 
all islands and islets lying within ten leagues directly opposite 
to the main land, within the said bounds ; and all mines and 
minerals as well royal mines of gold and silver, as other mines 
and minerals whatsoever in the said lands and premisses, or 
any part thereof. To have and to hold the said territories, 
tracts, countries, lands, hereditaments, and all and singular 
other the premisses, with their and every of their appurte- 
nances, to our said subjects the inhabitants of our said pro- 
vince of the Massachusetts Bay in New-England, and their 
successors, to their only proper use and behoof, for evermore. 

■x- * * % 

And our will and pleasure is, and we do hereby, for us, our 
heirs and successors, grant establish, and ordain, That yearly, 
once in every year, for ever hereafter, the aforesaid number of 
eight-and-twenty councillors, or assistants, shall be by the 
general court or assembly, newly chosen ; that is to say, 
eighteen at least of the inhabitants of, or proprietors of lands, 
within the territory formerly called the colony of the Massa- 
chusetts Bay, and four at least of the inhabitants of, or pro- 
prietors of lands within the territory formerly called New- 
Plymouth, and three at least of the inhabitants of, or pro- 
prietors of land within the territory formerly called the 
Province of Main, and one at the least of the inhabitants of, 
or proprietors of land within the territory lying between the 
river of Sagadahock and Nova Scotia : 

TV TV "7V "7* 

Provided also, That it shall and may be lawful for the said 



Boundaries of tee State of New York. 55 

governor and general assembly, to make or pass any grant of 
lands lying within the bounds of the colonies formerly called 
the colonies of the Massachusetts Bay, and New-Ply month, 
and province of Maine, in such manner as heretofore they 
might have done, by virtue of any former charter or letters 
patents ; which grants of lands, within the bounds aforesaid, 
we do hereby will and ordain, to be and continue, for ever, of 
full force and effect, without our further approbation or con- 
sent; and so as nevertheless, and it is our royal will and 
pleasure, that no grant or grants of any lands lying or extend- 
ing from the river of Sagadahock, to the gulph of St Lawrence 
and Canada rivers, and to the main sea northward and east- 
ward, to be made or past by the governor and general assem- 
bly of our said province, be of any force, validity or effect, 
until we, our heirs and successors, shall have signified our or 

their approbation of the same. 

* * •* * 

In witness whereof, we have caused these our letters to be 

made patents. Witness ourselves at Westminster, the seventh 

day of October, in the third year of our reign. 

By writ of Privy Seal, 

PIGOT. 

— [Lucas' Charters of Old English Colonies, pp. 68, 74, 75, 
77-8, 82, 85. 



On* the Succession of William and Mary to the Throne of 
England, a new Charter was granted to New England, in 
which Nantucket was expressly declared a Part of Massachu- 
setts. Concerning Martha's Vineyard, the Language of the 
Charter was less definite, which gave rise to an angry Dispute 
between the two Colonies, and an Appeal by the Government 
of New York to the Decision of the Crown. 

There had been for many Years a Party upon the Islands 

who preferred the Jurisdiction of Massachusetts, and Oct. 15, 

1673, many of the principal Freeholders of Martha's Vineyard 

had petitioned to be transferred to that Government. 
* * * * 

— [Hough's Nantucket Papers, pp. xvii, xviii. 



56 Copies of Documents Relating to the 

) At a Council at Fort William Henry, 
the 13 th of ffeb., 1692. 
* * His Excell 7 did recommend to the Council to meet 
this Afternoon to consult of a Letter from S r William Phips, 
dated the 2 d of January, come to Hand yestarday, with a 
printed Copy of the New England Charter, and to give him 
their Opinion under their Hands concerning Martha's Vine- 
yard. 

5 At a Council held at ffort William Henry, 
the 14th of ffeb., 1692. 
Ordered, the Opinion and Advice of the Council concerning 
gr Will m Phips L re and Martin's Yineyard be entered in the 
Council Book. 

Ordered, the Addresse of the Council to their Ma ties setting 
forth the Circumstances of this Government, be entered in the 
Council Book. 

Opinion and Advice of the Council concerning Martin's 

Vineyard. 
* * * * 

New York the 13 th of February, 1692. 

His Excellency Ben. Fletcher, &c, this Day having recom- 
mended to our Consideracon a Letter from S r William Phips 
dated the 2 d of January last, come to Hand yesterday with a 
printed Copy of their Ma tles L res Patent for erecting and 
incorporating the Province of the Massachusetts Bay, in New 
England, not attested concerning Martin's Yineyard, and 
desired our Advice. 

Upon Perusall of the s d printed Copy, having duely con- 
sidered the same, and the Piatt of New England before us, we 
doe finde that the North Halfe of the Isles of Shoals opposite 
to the Mouth of Piscataqua River, and the Isles of Capoag 
and Nantuckett to the Westward of Cape Cod, are nominally 
included in the said Grant, and in more general Words all 
Islands and Islettslyeing within tenn Leagues directly opposite 
to the Maine Land, within the Bounds of the s d L res Patents 
which we are informed are many hundreds. 



Boundaries of the State of New York. 57 

And we are humbly of Opinion that forasmuch as their 
Ma tiea have ascertained the North Halle of the Isles of Shoals 
to the Massathusetts Bay, leaving the South Half to the 
Province of New Hampshire, those Islands lying dubiously 
opposite to the Province of Main and Hampshire, and the 
Islands of Capoag and Nantuckett to the Massathusetts Hay, 
both which are to the westward of Cape Cod, which is the 
southernmost Bounds of their Patent, they can have noe 
Pretences by the s d L res Patents to Martin's Vineyard or any 
other Island to the westward of Nantuckett, which we humbly 
submitt and desire yo r Excellency will be pleased to recom- 
mend the same to their Ma tios by their Secr y of State for their 
Decision in that Affair. 

* * >k ■* 

Address to the King. 
The humble Addresse of your Majestyes Council for your Ma tle8 

Province of New Yorke and Territoryes depending thereon 

in America. 
Most Dread Soveraignes : 

* * Sir William Phips * * doth not desist persuading 
other Parties equally destructive to your Maties Interest, as by 
seizing of Martin's Vineyard, a Member of this Government 
ever since its first Settlement, under yo r Maties Crown, tho' 
it be neither by Name in the Massathusetts Charter, nor by 
yo r Maties Command to yo r Maties Governor here ordered to 
be delivered. By reason whereof your Maties Peace is much 
disturbed, the Authority derived from the Crown impaired, 
and the Strength of this yo r Maties Province weakened, which 
is humbly submitted, * * * 

New York, Feb. the 10 th , 1692. 
— [Uoiu/h\s Nantucket Papers, 146-148, 150-153. 
8 



58 Copies of Documents Relating to the 

Confirmation of the Agreement and Survey of the Line between 
New- York and Connecticut. 

At the Court at Kensington the 28 th Day of March 1700. 

Present — The King's Most Excellent Majesty. 
[and twelve officers of State.] 

Whereas at a Council held at Fort James in New York, 
the 23 d of November 1683 Certain Articles of Agreem* were 
concluded, Between Collonel Thomas Dongan, then Gover- 
nour of that Province, and the Council of the said Province 
On one side, and Robert Treat Esq r Governour of the Collony 
of Connecticut, Major Nathaniel Gold, Captain John Allyn 
Secretary, and M r William Pitkin in Commission with him 
from Connecticut on the other side, in the words following : — 

It is agreed that the Bounds Meers or Dividend between his 
Royal Highness's Territories or Province in America and the 
Collony of Connecticut for ever hereafter, shall be att a Cer- 
tain Brook or River called Byram Brook or River, which 
River is Between the Towns of Rye and Greenwich, that is 
to say, att the Mouth of said Brook, where itt falleth into the 
Sound, att a Point called Lyons Point, which is the Eastward 
Point of Byram River, and from the said Point to go, as the 
said River Runneth to the Place where the Common Road or 
wading Place over the said River is, And from the said Road 
or wading Place, to go North, North West into the Countrey, 
so farr as will be Eight English Miles from the foresaid Lyons 
Point ; And that a line of Twelve miles being measured from 
the said Lyons Point, according to the Line or General Course 
of the Sound Eastward, where the said Twelve miles endeth, 
another line shall be runn from the Sound Eight Miles into 
the Countrey North, North West, And also that a Fourth line 
be runn, that is to say, from the North most End of the Eight 
Mile Line, being the third mentioned Line, which Fourth line, 
with the first mentioned Line, shall be the Bounds, where 
they shall fall to Runn ; And that from the Eastward End of 
the Fourth mentioned Line (which is to be Twelve miles in 
length) A line Parralel to Hudsons River in Every Point, 
twenty Miles distant from Hudsons River shall be the Bounds 



Boundaries of the State of New York. 59 

there Between the said Territorys or Province of New York 
and the said Collony of Connecticut, so farr as Connecticut 
Colony doth Extend Northwards, that is to the South Line of 
the Massachusetts Colony. Only itt is Provided, that in case 
the Line from Byram Brooks mouth North, North West 
Eight miles, and the Line that is then to Run twelve miles to 
the End of the third forementioned Line, of Eight miles, do 
diminish or take away Land within Twenty miles of Hudsons 
River, that then so much as is in Land Diminished of Twenty 
miles from Hudsons River thereby shall be added, out of Con- 
necticut Bounds unto the line afore mentioned Paralel to 
Hudsons River, and twenty miles distant from it, The Addi- 
tion to be made, the whole length of the said Paralel Line 
and in such Breadth as will make up Quantity for Quantity, 
what shall be Diminished as aforesaid — 

That what Arrearages are due from the Town of Rye, to 
the Collony of Connecticutt for former years, and the present 
years Rate shall be paid to Connecticut. 

That two Surveyors be appointed, the One from New 
Yorke, and the other from Connecticut to make a Survey and 
Run the before mentioned Lines Partitions Limits and Bounds, 
Between His Royall Highness's Province of New Yorke, and 
the Collony of Connecticutt, And the Surveyors are to meet 
att the Town of Stanford on the first Wednesday of October 
next ensuing, and to be directed by one of the Council, and 
two more, Commissionated from Each Government 

That if it shall please the Kings Majesty and his Royall 
Highness to accept and Confirm these Articles, they shall be 
good, to all Intents for Ever, Between His Royall Highness 
and his Heirs and Assigns, and the Corporation of Connecti- 
cut and their Successors, And this Agreement to be in full 
force Power and Yertue, from the Day of the date hereof. 
In Wittnes whereof the parties above mentioned have to these 
Presents Interchangeably Sett their hands and Seals, att Fort 
James, in New Yorke the 28 th day of November in the Thirty 
fifth year of his Ma ties Reign, Annoq Doin 1 1683. 

And Whereas in pursuance of the aforesaid Agreem 1 an 



60 Copies of Documents Relating to the 

Actual Survey of the Lands and Places therein mentioned 
was also made and Keported by the Surveyors and Commis- 
sioners appointed for that Service in the words following — 

By Vertue, and in pursuance of a commission bearing date 
the 26 th Day of September 1684 From the R e Hon ble Coll 
Thomas Dongan, Governour General of All his Royall 
Highness's Territories in America &c. 

Wee under Written did upon the first Wednesday of this 
Instant October, meet att Stanford, Major Nathaniel Gold, 
Captain Jonathan Sileck, Ensign Daniel Sherman and M r 
John Herriman Surveyor, Commissionated by a General Court, 
held at Hertford, as by the Commission they produced, bearing 
Date, May the 8 th 1684 doth fully appear, Wee went to Lyons 
Point, on the East side of Byram River, and from the mouth 
of said River where itt falls into the Sea, Wee measured up 
said River, and found itt to be One Mile and a half, and 
Twenty Rodds, bearing North, half Easterly, and so came to a 
great Stone att the wading Place, where the Road Cutts the 
said River, thence directed Our Course, North, 

North West Six miles and a half, and there marked 

C R . 

three White Oak Trees, as in the Margent, 

then directed Our Course West, and by North, 
Seaven Miles, and One hundred and Twenty Rodds, which 
brought us to the Norther most End of a Reach of Hud- 
sons River, which bears wee Judge, South and by West, a 
Quarter Westerly, and North and by East, a Quarter Easterly 
which abovesaid Line falls upon the said Reach about Three 
miles above Frederick Philipp's upper Mills over against 
Tapan, And the said River bearing North as to its General 
Course upward, Wee concluded the above mentioned West and 
by North Line, to be the Shortest from said Three mark'd 
Trees to Hudsons River, and having unanimously concluded 
that part of the Sound, from Lyons Point Easterly, to bear 
East North East, Wee did from said Trees, att Eight miles 
distance, Runn a Paralel to the Sound, (viz 4 ) East North East, 
twelve miles, and Still continued said Twelve mile Line, East 
North East, One mile and sixty ffour Rodds, which then gaue 



Boundaries of the State of New York. 61 

us twenty miles from Hudsons River, and is Eight miles 
North, North West from the Sound, then finding the Oblong 
of twelve miles, East North East, and Eight miles North, 
North West, did Diminish Sixty One Thousand, Four Hun- 
dred Forty Acres from the Twenty miles from Hudsons River, 
wee added to the abovesaid twenty miles upon the East North 
East Line Three hundred and ffiue Rodds more to Runn att 
the Additional Breadth Paralel to Hudsons River, till it meet 
with the Massachusetts line, which wee Deemed One hundred 
distant miles from Our Eight mile Line, which Severall 
courses with their Distances, together with three Hundred and 
ffine Rodds added, do clearly appear in the Piatt by the Sur- 
veyors drawn, and hereto Annexed, which Addition of three 
hundred and ffiue Rodds, wee referr for its confirmation and 
Ratification to the Two Governments, from whence wee are 
Imployed ; And that the above written is a true Report of 
Our Proceedings, Wee have this Tenth of October the year 
above Written, Subscribed Our Names. 

John Youngs. ] 

John Bell. I Comm" for 

Phillip Wells. f New York 
Rob t Vorklain. J 
Nathaniel Gold. "] 
Jonathan Sileck. I Comm™ for 
Daniel Sherman, j Connecticut 
John Hariman. J 

And forasmuch as the Lords Commissioners of Trade and 
Plantations have represented to His Majestie upon occasion of 
a Late difference and Dispute between the said Province and 
Colony, relating to the Right of Government over the Towns 
of Rye and Bedford, lying on their Borders, That itt may be 
Necessary for Terminating of that Difference and preventing 
all future Disputes about the Division Line and Boundaries 
between the said Province and Colony, that His Majestie would 
please to declare His Royal Approbation and Confirmation of 
the said Agreement and Survey, His Majesty is graciously 



(j2 Copies of Documents Relating to the 

pleased with the Advice of His Privy Council to Approve and 
confirm the same, 

And pursuant to his Royal Pleasure thereupon, Signified 
and Expressed, the said Agreement and Survey, are hereby 
Approved and Confirmed accordingly ; whereof the respective 
Governments of New York and Connecticut, The Towns of 
Rye and Bedford, and all Persons whom it may concern are 
to take due notice and to conform themselves thereunto. 

John Povet. 

— [iV. Y. Col. Doc, iv, 628-630. 

Governor Sloughter to the Governors of the several 
Provinces, July 11, 1691. 
* * I doubt not but you are very sensible of the many 
branches that have been lopped off from this government in 
the late reignes and that it is now confined to a great narrow- 
ness, haveing only Hudson's River and Long Island for the 
Bounds. * * * 

— [JV. Y. Col. Doc, iii, 785. 

Governor & Council of New York to the Klng, August 

6, 1691. 
* * * * 

This yourMaj tys Province was first setled and planted in the 
year of our Lord 1619, by the States Generall of the United 
Provinces, who did extend the line of their dominion from 
this Your Majesty's Citty of New Yorke to the eastward 
as farr as Conneticut River and to the westward along the 
coast beyond Delaware River and to the northward up Hud- 
son's River so farr as Schenectady and from thence to the Lakes 
of Canada, and from thence to the westward so farr as the 
Sinnekes land or the Indian hunting reacheth. Since which 
time in the yeare of our Lord 1664. King Charles the Second 
did subdue and reduce to the allegiance of Your Majesty's 
crowne all the inhabitants and territorys within the limitts 
aforesaid ; all which was granted by King Charles the Second 
unto his Royall Highness James Duke of Yorke in the same 



Boundaries of the State of New York. 63 

yeare together with the governm* of all that tract of land to 
the westward of Delaware River unto Maryland 

His Royall Highness was pleased out of the premises to grant 
a certain tract of land unto the Right Honorable John Lord 
Barclay [Berkeley] and Sir George Carterett limited and 
bounded by Hudson and Delaware Rivers. * * William 
Penn procured a pattent from King Charles the Second for 
land to the westward of Delaware River now called Pensil- 
vania. * * * * 

His Royal Highness was also pleased to grant unto the said 
"William Penn, New Castle upon Delaware River and twelve 
miles round about and afterwards he made another grant unto 
him of all the land to the Southward of New Castle. 

Now, may it please your Majesty, all that hath been reserved 
out of the territorys and dominion aforesaid is only Long 
Island and some other small Islands adjacent, New York, 
Zopus [Kingston], Albany, and the limitts thereof; for the 
preserving of which the Crowne hath been at great charge, 
and for the support of Your Maj ties governm 1 there is now in 
Generall Assembly a revenue established upon the trade 
thereof. * * * 

Now may it please Your Most Excell 1 Maj ty 

The premises considered we humbly presume and represent 
unto Your Most Sacred Majesty that there cann be no thing 
in America more conducive to Yo r Maj ties dignity and 
advantage and for the safety of Yo r Maj ties subjects upon this 
continent then that Connecticut, East and West Jersey, Penn- 
silvania and 3 lower Countys be re-annexed to this Yo r Maj tle8 
Province which then will be a governm 4 of sufficient 
extent; * * * 

— [N. Y. Col. Doc, iii, 796, 799. 

Lords of Trade to Secretary Vernoij, Feb. 17, 169f . 
* * * * 

This being the sum of what we have to offer relating to 
New England and the Countrys lying to the Eastward 
thereof, * * * * 



64 Copies of Documents Relating to the 

The next boundary to be considered between the French 
and us, is the North and West parts of all his Majesties 
Plantations from New England to Carolina concerning which, 
tho the English Patents generally have allowed no bounds by 
land, but extended the grant of those lands from Sea to Sea. Yet 
the French since their possession of Canada, having at several 
times gone up the river S* Lawrence and from thence into the 
Lakes South westward of the said river, lying all along upon 
the North and "West of His Majesty's foresaid Plantations, tho 
it be no more than what lias as frequently and as early been 
done by English men, yet they have thereupon from time to 
time extended their pretentions to the propriety of all the 
Countries bordering upon the said river and Lakes which if it 
should be allowed them, and that an entire freedome be not 
maintained for his Majestys subjects, to Trade at least with 
the Indians of those parts and for them and the said Indians 
to pass and repass without molestation it will turn to the very 
great prejudice of England and most particularly of New 
York and other his Majestys provinces in America ; whose 
frontiers are furthest extended towards the places so claimed 
by the French. 

Concerning the said frontiers therefore of New York and 

his Majesty's Right to the Soveraignty of the five Nations of 

Indians bordering there upon we send you here inclosed a 

Memorial, which about the month of July 1697, we prepared 

to be transmitted to his Majesty's Plenipotentiaries then at the 

Hague : 1 * * concerning the constant subjection and 

dependance of the said 5 Nations upon the Government of 

New York ever since the first settlement of that Country by the 

Dutch, in or about the year 1609 : By which all the French 

pretentions to any Right over them (which we do not 

understand to be either in themselves of any weight, or that 

they reach any further backwards than the year 1666) seem 

unto us to be fully answered and made void. 

* * * * 

— [JV. Y. Col. Doc, iv, 477. 

1 See JV. T. Col. Doc, v, 75.— [P. 



Boundaries of the State of New York. 05 

Mr. Penn's Suggestions respecting the Plantations. 1700. 

* # # * 

4. That great caution should be observed to adjust the 
Bounds northwards with the French Com 1-8 or the losse will be 
great and irreparable. Wee take the South side of the River 
and Lakes of Canada to be our just and reasonable boundary's, 
eoile and trade with the Indians being much concerned 
therein. 1 * * * * 

— [ST. Y. Col. Doc, iv, 757. 

Board of Trade to the Queen, on the Right of Sover- 
eignty over the Five Nations. In Relation to New 
yorke and its dependencies. 2 june 1709. 

* * * * 

Your Majesty's title to that Province is not disputed : But 
as the French have without any just right pretended to the 
Soveraignty over the live Nations of Indians bordering upon 
New Yorke, We humbly beg leave to annex a deduction of 
your Majesty's Right and Title to the Soveraignty over the 
said Indians * * it being our humble opinion that it is 
absolutely necessary for the security of the Province of New 
York, and the rest of your Majesty's Dominions in that part 
of America that the five Nations of Indians be preserved and 
maintained in their subjection to the Crown of Great Britain 
as formerly. * * * * 

From the first settlement of the Colony of New York 
(which we take to have been about the year 1610) the five 
Nations of Indians commonly known by the names of 
Maquoas, Oneydes, Cayouges, Onondagues and Seneques, 
possessing the Lands to the Westward, and North West of that 
Plantation, have by many acknowledgments submissions, 
leagues or agreements, been united to, or depended on that 
Colony 

'" William Perm advised to establish the St. Lawrence as the boundary on 
the north and to include in our colonies the valley of the Mississippi." 
—[Bancroft's U. S. Wat., iii, 233. 



66 Copies of Documents Relating to the 

The said five Nations beiug the most warlike in those parts 
of the world, held all their neighboring Indians in a manner 
of Tributary subjection, they went sometimes as far as the 
South Sea, the North West Passage and Florida, to war, and 
extended also their conquests over that part of the Country 
now called Canada. 

* * * * 

— [N. Y. Col. Doc, v, 74, 75. 

Treaty of Peace and Friendship * * * concluded 
at Utrecht the ?! Day of ^rslt 1713. 

11 April 

* * * * 

XY. 

The Subjects of France inhabiting Canada, and others, shall 
hereafter give no Hindrance or Molestation to the Five Nations 
or Cantons of Indians, subject to the Dominion of Great 
Britain, nor to the other Natives of America, who are 
Friends to the same. * * 

— {Treaties in N. Y. State Library, Law Dept., Pamph. 
Coll., i (1667-1762), .p. 74, of said Treaty. 

Cadwallader Colden, Surveyor General, to Lieut t 
Gouverneur Clarke, Feby., 14 th 1737, 8. 

* * * * 

The Province of New York is bounded, To the southward 
by the Atlantick Ocean & runs from Sandy hook, including 
Long Island & Staten Island, up Hudson's River till the 41 st 
degree of North Longitude be compleated, which is about 20 
miles above the City of New York, East New Jersey lying 
for that space on the west side of Hudson's River. From, the 
41 st degree of Latitude on Hudson's River it runs north- 
westerly to 41 degrees & 40 min of Latitude on the most 
northerly branch of Delaware River, which falls near Cashiek- 
tunk, an Indian Settlement on a Branch of that River call'd 
the Fish kill. Thence it runs up that Branch of Delaware 
River till the 42 d degree of Latitude be compleated or to the 
Beginning of the 43 d degree, Pensylvania stretching along 



Boundaries of the State of New York. 67 

the west side of Delaware River, so far northward as to this 
parallel of Latitude. From the Beginning of the 43 d degree 
New York runs westerly, on a Parallel of Latitude, along the 
Bounds of Pensylvania to Lake Erie, or so far west as to com- 
prehend the Country of the Five Nations, (the French having 
by the Treaty of Utricht quitted all claim to these Five 
Nations) Then it runs along lake Erie, & the streights between 
Lake Erie & Cadarackuy lake, & along Cadaraekuy lake to 
the east end thereof — From thence it continues to extend 
easterly along the Bounds of Canada, to the Colony of Massa- 
thuset's Bay. Then Southerly along the Boundaries of the 
Massathu set's Bay, & of the Colony of Connecticut, to the 
sound between Long Island & the main, & then easterly 
along that Sound to the Atlantick Ocean. 

The Boundaries between New York Province & the 
Provinces of New Jersey & Pensylvania, are so well 
Described, in the Grants to the Proprietors of New Jersey & 
Pensylvania, that by determining the proper Parallels of Lati- 
tude on Hudson & Delaware Rivers, the Boundaries between 
them may at any- time be fixed with sufficient certainty. But 
as this has not hitherto been actually done, Disputes now in 
several parts subsist, between the Proprietors of the lands 
near the line, which is supposed to run between New York & 
New Jersey, from Hudson's River to Delaware River. And 
it is probable the like Disputes will happen, between the 
Inhabitants of the Provinces of New York & Pensylvania 
when the lands near the line Dividing them shall be settled. 

The Boundaries Between New York & Connecticut are 
entirely settled, by agreement between the two Colonies, & by 
Lines run at about 21 miles from Hudson's River, and run- 
ning nearly parallel to the general Course of that River. 

I know no Regulations for Determining the Boundaries 
between New York & Canada. Its probable each will 
endeavor to extend themselves as far as they can. * * If 
we are to judge of the Pretentions of the French, by the 
maps lately published in France by Publick Authority, they not 
only claim this part of the Country and the Countries of the 



68 Copies of Documents Relating to the 

Five Nations depending on New York ; but likewise a con- 
siderable part of what is actually settled by the Inhabitants 
of New York. The English maps are such servile copies of 
the French that they mark out the Boundaries between the 
English & French, with the same Disadvantage to the English, 
that the French do. 

— [N Y. Doc. Hist, iv, 114 (4°); 177(8°). 

Governor Clinton's Report on Province of New York. 
Mat 23, 1749. 
* * * * 

2nd. The province of New York is bounded by Hudson's 
River on the West from the mouth of the said River to the lati- 
tude of 41 Degrees on that River, and then by a line running 
from thence to the latitude of 40 Degrees & 40 Minutes on 
Delaware River, Hudson's River and the aforesaid line being 
the boundaries between this Province & New Jersey from 41 
Degrees 40 Minutes of latitude on Delaware to the beginning 
of the 43 Degrees, or to 42 Degrees compleat. On the same 
River is the boundary between it & Pensylvania & from 42 
Degrees compleat a parallel of Latitude divides it from 
Pensylvania as far as Pensylvania extends, or to the claims 
of the French of Louisiana. To the Westward from hence & 
to the Northward no Boundaries setled between us and the 
French, & most probably will be determined by occupancy or 
Force. To the Eastward it is bounded by the New England 
Grovernm ts of New Hampshire, Massachusetts Bay and Con- 
necticut to the sound between the Main and Long Island, and 
to the Southward it is bounded by the Atlantick Ocean includ- 
ing Long Island. The Dividing line from Hudson's River to 
Delaware is Disputed by the Proprietors of the Lands on each 
side of it. * * * * 

— [N. Y. Col. Doc, vi, 508. 



Boundaries of the State of New York. 69 

Statements by a Contemporary Historian. 1751-1755. 
* * * # 

At present, 1751, the French with a considerable military 
force, make a stand on the north side of Chiconecto bay and 
river in about 45 d. 25 m. The parallel of 45 d. is the north- 
ern extent of king James I. grant 1606 to the North- Virginia 
company; this is perhaps the foundation of the French claim. 
If the partition line with France or Canada is to be settled at 
45 d. north lat. continued, it will fall in with St. Laurence or 
Ontario river, a little above Montreal ; including the greatest 
part of Champlain or Corlacrs lake with the formerly Dutch 
country adjoining. If the south limits of Canada are thus 
settled, New- York west line will begin at this termination, and 
pass along Ontario river to Ontario lake, along Ontario lake, 
and its communicating run of water to lake Erie, till it meets 
with Pensylvania north line. 

— [Douglas.^ Hist, of N. America, ii, 226, foot note. 
* * * * 

The north boundary of the province of New-York, may be, 
the south line of Canada when settled ; probably it will begin 
at a point in a meridian twenty miles east of the crook or great 
falls of Hudson's river, and running west will cross lake 
Champlain, and terminate in Cataraqui river. 

Its W. line runs up Cataraqui river, and lake called generally 
lake Ontario, and terminates on lake Erie in north lat. 42 d. 
complete. From Oswego upon lake Ontario may be reckoned 
the width of the government of New-York, 220 miles, viz, 
due W. from the lake 200 miles to Albany on Hudson's river, 
and from Albany 20 miles due W. to the west line of Massa- 
chusetts-Bay province. 

The southern line of the province of New- York is in several 
directions or flexures. 1. From lake Erie along the north or 
head line of Pensylvania in lat. 42. to Delaware river. 2. 
Thence 20 miles down said river to the north divisional point 
of New-York and New-Jersies on said river in lat. 41 d. 40 
m. 3. Thence in a streight line E. 42 d. S. to 41 d. lat. on 
Hudson's river. 4. Thenee 12 miles down Hudson's river to 



70 Copies of Documents Relating to the 

north end of the island of New- York, then down said Hudson's 
river on the W. side of New- York island to Sandy-point, the 
entrance of New- York road and harbour about 30 miles. 5. 
Thence along the southern shore of Long-Island, round the E. 
end of Long-Island, including Fisher's island and Gardner's 
island, which lie near the entrance of New-London harbour in 
Thames river of Connecticut colony ; then along the northern 
shore of Long-Island sound to over-against the mouth of Byram 
river, where the western divisional line between New York 
and Connecticut begins. 

The eastern line is from the mouth of Byram river along 
the Oblong as described in the section of Connecticut, vol. 
ii, p. 161, to the N. W. corner of Connecticut colony or 
S. W. corner of the province of Massachusetts-Bay, about 
80 miles : thence in a parallel with Hudson's river at 20 
miles distance E. from Hudson's river, along the western 
line of Massachusetts-Bay, about 47 miles to the N. "W. corner 
of Massachusetts Bay, which is the S. W. corner of lands lately 
annexed, or crown lands put under the jurisdiction of the pro- 
vince of New-Hampshire pro tempore ; thence in a like parallel 
from Hudson's river, about 40 miles upon the western line of 
New-Hampshire, to the latitudes of the great falls or crook of 
Hudson's river ; thence in a due meridian line on the west line 
of the crown lands, at present in the jurisdiction of New- 
Hampshire, to the south boundary line of Canada, when by 
much protracted and finally perhaps disadvantageous negotia- 
tions it shall be determined. The reader may observe, that I 
have neither inclination nor interest to be of any side, other 
than solicitous for a national concern. — [Idem, ii, 230. 
* * * * 

Besides, the main land country of New- York, there are some 
islands belonging to it. 1. Long-Island, called by the Indians 
Matowacks, and by the Dutch, Nassau, * * 2. Staten- 
Island 3. Nantucket, Martha's vineyard and- 

Elizabeth islands were formerly under the jurisdiction of New- 
York ; but upon the revolution they were annexed by the new 
charter of Massachusetts-Bay, to the jurisdiction of Massa- 



Boundaries of the State of New York. 71 

chusetts-Bay. * ■ "* 4. Manhatans, the Indian name, New- 
Amsterdam the Dutch name, or New- York the English name, 
may be called an island, though it has communication with 
the mainland, by King's bridge, * * — [Idem, ii, 235. 

In the peace of Utrecht was omitted to settle a line between 
our colonies and those of France, called commonly Canada, and 
Mississippi, or New-France and Louisiana, from north to south ; 
and the line east and west between Carolina or Georgia, and 
the Spanish Cape Florida claims. In the proposed negociation 
for a peace, it would be much for the ease and quiet of all 
parties to have the same settled. 

The natural and most effectual boundaries of countries or 
territories seem to be large rivers (thus the upper Rhine divides 
the French acquisitions from sundry German sovereignties) 
and mountains impracticable (the Pyrenean mountains in 
general divide France from Spain, the Dafforne hills divide 
Sweden from Norway, the Carpach, or Carpathian mountains 
divide Poland from Hungary, and Transylvania). The great 
river of St. Laurence, the lakes Ontario and Erie, and the 
Apalatian mountains may answer the intended British and 
French boundary, without any advantage or acquisition, disad- 
vantage or loss on either side ; but merely for peace and good 
neighbourhood. — [Idem, i, 8. 

* * * * 

XII. New York, according to their divisional Line settled 
with the Proprietors of East-Jersey, Anno 1719, by Com- 
missioners appointed by the Legislatures of both Provinces, 
and confirmed by the King in Council : and according to a 
divisional Line, settled Anno 1725, by Commissioners from the 
respective Legislatures of New-York and Connecticut colonies, 
and confirmed by the King and council : The Boundary between 
Massachusetts-Bay and New-York Colony we must defer, as not 
ascertained; notwithstanding the New-York Commissioners 
agreed, that the Basis of their Settlements with Connecticut 
should be 20 miles East from, and parallel with Hudson's 
River ; the colony of New- York, (as I am informed) insist that 
Housatonick, alias Westenhoek, alias Stratford River, shall be 



72 Copies of Documents Relating to tee 

the Boundary with Massachusetts-Bay ; the Neutrality in 
Queen Anne's War, between New-York and their Indians, and 
Canada and their Indians, was bounded Easterly by Housa- 
tonick River: Some of the New York Politicians say, that their 
claim extends to Connecticut River : Their Line with Penn- 
sylvania is limited by Delaware River, and the Parallel of 43 D. 
N. Lat. : Their Northern Boundary with Canada wants to be 
fixed in some subsequent Treaty. — [Idem, i, 16. 

* * * * 

A State of the Rights of the Colony of Neio-York, with 
respect to its Eastern Boundary on Connecticut River. 

Adopted by the General Assembly, March 8, 1773. 

* * * * 

In the Duke of York's commissions to his several lieutenant 
governors, Major Edmond Andross, on the first day of July, 
1664, and Col. Thomas Dongan, on the 30th day of Septem- 
ber, 1682, among other descriptions of the boundaries of this 
province, are expressly comprehended all the land from the 
west side of Connecticut river, to the east side of Delaware 
bay. 

King William and Queen Mary, by their commission dated 
the 4th day of January [1690], in the first year of their reign, 
appointed Henry Slaughter to be governor of the province of 
New-York, and the territories depending thereon / the boun- 
daries whereof to Connecticut river on the east, by the above 
and many other grants, commissions, and public acts, were 
notorious. 

In all subsequent acts and commissions, this colony is 
described by the same general words, the province of New- 
York and the territories depending thereon j and its bounda- 
ries have never been altered by the government here or at 
home. 

Indeed the colony itself has been diminished by the Duke 
of York's transfer of that part of it which is now called New- 
Jersey, to Lord Berkley, and Sir Philip Carteret. — By our 
agreement with Connecticut, in 1683, under mutual acts of 
legislature, subject to the royal approbation, — and by his 



Boundaries of the State of New York. 73 

Majesty's proclamation of the seventh day of October, 1763, 
establishing the limits of Quebec. 

* * * * 

— [Journal of JV. Y. Gen. Assembly, jpp. 90, 92. 

The Claim of Connecticut. 

* * King Charles the Second, expressly granted all the 
country to the westward of Connecticut River, to the Duke 
of York ; and that this grant was particularly designed to 
include the Dutch possessions, seems manifest from the circum- 
stances which accompanied it. No sooner had it passed the 
great seal, than an armament was equipped to subdue the 
Dutch, and the command given to Col. Nicholls, who came 
over both in quality of general of the expedition, and lieuten- 
ant governor, under the Duke. 

Governor Nicholls accordingly asserted his Royal highness's 
right to the country on the west side of Connecticut river, 
which immediately gave rise to a controversy between him 
and the corporation of Connecticut ; but he thought it prudent 
to terminate it by an amicable negociation. He found them 
already possessed of Greenwich and Stanford, two towns 
within 20 miles of Hudson's river ; and that they had several 
other settlements not much more distant. His government 
was feeble, and chiefly consisted of the Dutch, upon whose 
attachment he had no reason to depend : and he foresaw the 
greatest difficulties if he should attempt to bring the Connec- 
ticut planters under subjection by force. — Besides, when lands 
were of little value, it seemed more eligible to secure the 
friendship than to excite the resentment and hatred of a pow- 
erful neighbor. On. these principles he recommended it to 
the Duke to relax from his rights, and to yield to them the 
part they then occupied. Such being his sentiments, a fruit- 
less attempt was made for establishing a boundary between 
New- York and Connecticut, in the first year of his administra- 
tion. The proceedings and the mistakes so prejudicial to the 
Duke, into which he was drawn upon that occasion, as well as 
several of his letters to his Royal Highness, plainly prove that 
10 



74 Copies of Documents Relating to the 

he had a very incompetent knowledge of the geography of 
the country, or of the rights with which he was intrusted. 
However, a final compact took place between the two colonies, 
in the year 1683, when their respective commissioners agreed 
that a twenty mile line from Hudson's river, should, for the 
future, become the partition between the Duke's territories 
and Connecticut ; but subject to the approbation of the King 
and the Duke. This agreement was confirmed by King Wil- 
liam, on the 20th day of March, 1700. 

That the line owed its foundation merely to prudential 
reasons, and was not grounded on the right of either colony, 
is incontestible. The Duke claimed to Connecticut river, — 
Connecticut to the south sea. From pretensions so repugnant, 
there was no more room to fix on a twenty mile line from 
Hudson's river as the boundary, than on a line at the distance 
of 30, or 10, or 5 miles. A disposition to leave Connecticut 
in the possession of her actual settlements, for the sake of 
peace, preponderated, as was the true motive of the agreement. 
This is confirmed from the cession of Greenwich and Stanford, 
in favor of Connecticut, though they were within the twenty 
miles. 
— [Ide?n, 95. 

The Massachusetts Claim. 

The Massachusetts Claim stands by no means in so respect- 
able a light as that of Connecticut. 

* * The old charter was adjudged void, * * in the 
high court of chancery of England, in 1684, and they sub- 
mitted to the decree, and never took any measures to obtain a 
reversal ; * * It seems therefore just to conclude, that they 
were convinced of the defects of their former grant, and 
thought it more for their interest to solicit and accept of a new 
charter, which they accordingly procured on the 7th day of 
October, 1691. That province is here described as follows : — 
* * " from the said Atlantic, or Western sea or ocean, on 
the east part, towards the south sea ; or Westward, as far as 
the colonies of Rhode-Island, Connecticut, and the Nara- 
ganset country. 



Boundaries of the State of New York. 75 

These words (as far as) being in the case of the grant of 
the crown on the suit of the party, in legal construction, carry 
the Massachusetts Bay colony no further westward than till it 
meets the colony of Connecticut, and not to Connecticut river, 
and much less to the westward of it. And it is worth a 
remark, that Connecticut itself, at the time of the new charter, 
did not, in the knowledge of the crown, extend westward of 
that river ; nor did it, in fact, till nine years afterwards, when 
the agreement of 1683 was rendered effectual by the royal 
approbation. Besides, it is contrary to reason to suppose that 
King William and Queen Mary could possibly have intended, 
by that charter, to diminish, or grant away any part of New- 
York, which was a royal colony, under their own immediate 
government, without express mention thereof in the charter, 
and without any notification to Colonel Slaughter, the then 
Governor, that the crown had granted such a part of what 

was before within his jurisdiction, by their Majesty's com- 
mission. 

Under circumstances so favourable to the rights of this 
colony, we have great reason to complain of the unwarrantable 
encroachments under the authority of the government of the 
Massachusetts Bay, by which a valuable tract extending from 
Connecticut river, within 20 miles of Hudson's river, has been 
wrested from us. 

Their conduct seems the more inexcusable, as they must 
have known that such encroachments were not only disrespect- 
ful to his Majesty's authority, and big with great mischiefs 
and disorders, but were highly injurious to private property, 
great part of these lands having anciently been granted to his 
Majesty's subjects under the great seal of this colony. 

So long ago as the year 16S5, King James the Second, by 
letters patent, under that seal, granted to the Rensselaer 
family the Manor of Jtensselaerwyck, extending from Hud- 
son's river, both on the east and west sides, 24 miles. 

Westenhook was granted under the great seal of this pro- 
vince, on the 6th day of March, 1705, and its eastern bounds 
are about 30 miles from Hudson's river. 



76 Copies of Documents Relating to the 

Hosick was granted on the second day of June, 1688, and 
extends above 30 miles from the river. 

These several grants cover the country the whole breadth of 
the Massachusetts claim, and not only offer the highest evi- 
dence of the ancient right and jurisdiction of this colony, as 
far as the controversy respects the Massachusetts Bay, but 
authorise a remark of no small moment, to wit: That with 
respect to the lands included within such of those patents as 
are prior, in point of time, to the Massachusetts charter of 
1691, the crown had clearly parted with its right under the 
seal of New York ; and so tar had no estate left to be disposed 
of, or upon which that charter could have operated, had its 
boundaries been ever so unquestionable and comprehensive. 

As their example, and the agreement with Connecticut, are 
the only pleas which have ever been held up by the govern- 
ment of New Hampshire to justify their claims and encroach- 
ments, it seemed indispensibly necessary to give a general idea 
of both. 

Nor ought it to pass unobserved, that the colony of New- 
York has a double title to the country on the Wood creek, and 
on both sides of lake Champlain ; 1st by # the original grant 
to the Duke of York, which established Connecticut river as 
our ancient eastern boundary, and which, without any altera- 
tion by the agreement with Connecticut, has continued such 
down to the present day. And 2dly, by the subjection of the 
five nations to the crown of England by treaties with this 
government. 

* * * * 

That the country on lake Champlain belonged originally to 
the five nations is proved by all the ancient maps, where we 
find the lake called lake Iroquois, (the French name for the 
five nations) or Mere des Iroquois, and the river (called by the 
French Sorell) which leads from the lake into the river St. 
Lawrence, Rivier des Iroquois, and the country about the lake 
Irocisia. 

# # * # 

In short, the faithless encroachments of the French on lake 



Boundaries of the State of New York. 77 

Champlain — their fortifying Crown Point and Ticonderoga — 
the many depredations they committed in concert with the 
savages in their alliance — the destruction of the frontier 
villages and settlements, and repeated massacres of the defence- 
less inhabitants, (which exhibited a scene of inexpressible 
horror and distress) have alone prevented the improvement 
and cultivation of this valuable part of the colony. 

Having thus in general established the right and the ancient 
exercise of jurisdiction of this government to the lands west- 
ward of Connecticut river, the way is open to consider the 
principles upon which the extraordinary claim of New-Hamp- 
shire is founded. 

The Claim, of New-Hampshire. 

* * The old colony of New-Hampshire, or Mason's grant, 
had for many years been under the jurisdiction of the same 
governor as the Massachusetts Bay, but by a distinct com- 
mission. 

While the dispute subsisted respecting their common boun- 
dary, the Assembly of New-Hampshire preferred a complaint 
to the King and council, against their Governor, charging him 
with partiality towards his more profitable government of the 
Massachusetts Bay. The complaint appearing to be well 
grounded, a separate Governor for New-Hampshire was 
appointed. 

On this occasion a commission issued to Benning Went- 
worth, Esq, the first Governor, dated the 3d day of July, in 
the 15th year of the reign of King George the second ; and 
the old colony of New-Hampshire was greatly extended, so as 
to include a large district, which, till then had remained extra- 
provincial, and particularly the lands from the west bounds of 
Mason's grant, to the west side of Connecticut river, the 
ancient boundary of the colony of New- York. 

It is thus described in the commission. " Bounded on the 
south side by a similar curved line, pursuing the course of 
Merrimack river, at three miles distance on the north side 
thereof ; beginning at the Atlantic ocean, and extending at a 



78 Copies of Documents Relating to the 

point due north of a place called Pan tucket Falls, and by a 
straight line drawn from thence due west across the said river, 
till it meets with our other governments, and bounded on the 
south side by a line passing up through the mouth of Piscata- 
qua harbour, and up to the middle of the river, to the river of 
Newichwanock, part of which is now called Salmon Falls, 
and through the middle of the same to the furthest head 
thereof, and from thence north two degrees westerly till one 
hundred and twenty miles be finished from the mouth of 
Piscataqua harbor aforesaid, or until it meets with our other 
governments." 

Hardly can it be conceived that a boundary so plainly 
described could have become an occasion of controversy. 

There was no room to suspect that the crown intended to 
abridge any of the old colonies in favor of the new ; since 
without the most distant intimation of such a design, the 
limits of the adjoining governments are given as the extent of 
New-Hampshire. 

-* # # * 

Governor "Wentworth was pleased to conclude, that because 
Connecticut and the Massachusetts Bay colonies had carried 
their western boundary within twenty miles of Hudson's 
river, that therefore New-Hampshire must be entitled to the 
same license. 

* •* * •* 

On this foundation are the boundaries of New-York 
attempted to be circumscribed. 

The argument drawn from our agreement with Connecticut 
is, it is conceived, fully refuted, by shewing, as we have 
already done, that the reasons and motives to which it is to be 
ascribed, were merely prudential, and grounded on the claim 
or the boundaries of neither colony, one having contended for 
the south sea, and the other for Connecticut river. 

What then can be inferred from this treaty to the disadvan- 
tage of New-York? If from generosity or policy, or for the 
sake of peace, part of an estate should be ceeded to a con- 



Boundaries of the State of New York. 79 

tentious or importunate neighbor, is to be construed into a 
surrender and extinguishment of the whole ? 

With respect to the Massachusetts Bay, we have shewn that 
they have no better title to the westward of Connecticut river, 
than a possession acquired by force and intrusion ; and which 
has proved the unhappy occasion of spilling the blood of the 
innocent, and terminated in despoiling a number of the 
inhabitants of this colony of their rightful property. 

This dispute was agitated between our respective com- 
missaries, at a late treaty at New-Haven, 1767, and where the 
Massachusetts Bay had the assistance of Governor Hutchin- 
son, one of their ablest men, and the most conversant in sub- 
jects of this nature ; and it is presumed that it must appear 
from a candid perusal of the proofs and arguments then 
offered, that the eastern boundary of New-York, upon Con- 
necticut river, was clearly maintained. 

It is our misfortune that the lands which have so long been 
the subject of contention with that province, are fully occupied. 
Hence, though firmly persuaded that when the merits of the 
case should be considered for a final adjudication, the right of 
this colony to that boundary must be evident; our commis- 
saries from pacific motives, from a respect to the report of the 
lords of trade and plantations and to his Majesty's gracious 
recommendation of an amicable settlement, conceded so tar as 
to offer a twenty mile line as a boundary ; if his Majesty 
should think fit, by confirming it, to surrender his right of 
jurisdiction and property to so great an extent of country, in 
favor of a charter government. 

But there is no necessity of enlarging upon this head, 
since it is apprehended, that independent of the considerations 
which it furnishes, a single reflection will of itself be suffi- 
cient to expose the weakness of every argument which can be 
deduced from the examples of the Massachusetts Bay and 
Connecticut, to countenance a similar claim on the part of 
New Hampshire. And to place our remark in a stronger 
point of light, every thing contended for — that we agreed 
with the one, and sate down quiet under the intrusions of the 



80 Copies of Documents Relating to the 

other, of those colonies, from a conviction that both had a 
clear right to a twenty mile line from Hudson's river, might 
safely be admitted ; and these concessions after all could not 
in the least advance the cause of New-Hampshire. 

Let it only be remembered that the Connecticut charter is 
prior by two years to the first establishment of this colony ; 
that the Massachusetts original charter was much more 
ancient ; and that both claimed an extent to the south sea ; 
while on the other hand, Mason's grant, the old colony of 
New-Hampshire, is limited to the precise length of sixty miles ; 
which did not approach Connecticut river within twenty 
miles ; and the commission to Governor Wentworth, by which 
it is enlarged, is so recent as the year 1742, and expressly 
bounds it (without specifying any dimensions) on his Majesty's 
other governments : Hence there arises a fatal dstinction 
between the cases. Besides the important circumstance of 
boundary, priority of establishment is asserted on the side of 
the Massachusetts Bay and Connecticut; but with respect to 
New-Hampshire in its present form, it is unquestionably in 
favor of New- York. Upon the same principles therefore that 
the two former colonies claim beyond Connecticut river, ought 
New-Hampshire to be confined to its western banks ; and thus, 
instead of being favorable to the pretensions of New-Hamp- 
shire, by a parity of reason, as has so frequently been urged, 
do those cases, rightly considered, afford a solid and decisive 
argument against the encroachments of that government. 
* * * * 

The claims of New-York and New-Hampshire, came judici- 
ally before his Majesty, by the authoritative acts of the gov- 
ernor and council of each, and by their mutual agreement and 
consent. 

The question was not what bounds his Majesty would be 
pleased thereafter to establish between his two contending 
colonies ; but what were then the just extent and jurisdiction 
of each of them respectively. 

The royal adjudication is accordingly expressed in terms 
which cannot be misconstrued ; not directing that Connecticut 



Boundaries of the State of New York. 81 

river shall become the boundary between the two colonies; but 
declaring; the western banks of that river to he the boundary. 

Soon after it was proclaimed, on the solicitation of the 
inhabitants, and for the better administration of justice, two 
new counties, Cumberland and Gloucester, were erected out of 
the lands which had been claimed by the government of New- 
Hampshire, and which had hitherto remained part of the 
county of Albany; and Cumberland county is now, on the 
petition of its inhabitants, represented in General Assembly. 

% # * * 

^lldem,%p. 95-97, 99-101, 107. 

The Ancient French Claims on the North. 

* * There can be no dispute but that by the words of 
the Duke's grant, the province of New- York was to have an 
eastward extent to Connecticut river. That river takes its 
rise to the northward of the 45th degree of north latitude, and 
consequently beyond the boundary lately established between 
New- York and Quebec, by his Majesty's royal proclamation 
of the 7th day of October, 1763. 

On this principle we have always claimed, under the royal 
grant, as the just and ancient right of this province, all the 
country which lies to the south of a west line drawn from the 
head of Connecticut river, except so far as it interferes with 
the colony of Connecticut, with which a settlement was made 
in 1683, by commissaries of both provinces, under mutual acts 
of legislature, and which was confirmed by King William. 

But we have a further title to the country as far northward 
as the south side of the river St. Lawrence. 

The Dutch, on their first establishment here, made a treaty 
of peace and alliance with the Five Nations, called by the 
French the Iroquois. These warlike tribes were the conquer- 
ors and masters of a great part of North America, holding all 
the natives in subjection, from the river St. Lawrence down 
to Georgia. 

When the English became possessed of New-York, they also 
11 



82 Copies of Documents Relating to the 

made an alliance with the Five Nations, who afterwards, in 
the most express terms, subjected themselves to the crown of 
England, under the government of New- York ; and however 
wild and un tractable, were always treated as subjects by this 
government. 

The country, as far northward as the river St. Lawrence, 
and westward without any known limits, was their undoubted 
property ; this government has consequently considered it as 
part of the province of New- York. The lands on the west 
side of Connecticut river, by a double title — the grant to the 
Duke of York, which expressly includes it, and the right 
acquired by the subjection of the native proprietors. 

The crown, by a participation in numberless acts of govern- 
ment, has justified our right and jurisdiction over these 
countries. And it is remarkable that no single commission, 
instruction or act, either of our own or from home, till the 
late proclamation, had the least tendency to alter or infringe 
such jurisdiction ; but it solely rested on the basis we have 

mentioned. 

* * * * 

The title of this province, in right of the crown, to all the 
country to the southward of the river St. Lawrence, (till his 
Majesty's proclamation, and since that act, to the southward 
of the 45th degree of latitude) being thus clearly established, 
it cannot be wondered at that after the peace was restored, onr 
government proceeded to the grant and settlement of the lands 
to the southward of this last boundaiw, without the least scruple. 
— [Idem, pp. 109, 112-113. 

Order in Council fixing the Boundary between New York 

and New Hampshire. 
(L. S.) At the Court at S l James the 20 th Day of July 1764. 

Present. 

The Kings most Excellent Majesty. 

[And nine members of Council] 

Whereas there was this Day read at the Board, a Report 

made by the Right Honourable the Lords of the Committee 



Boundaries of the State of New York. 83 

of Council for Plantation affairs dated the 17 th of this Instant, 
upon Considering a Representation from the Lords Commis- 
sioners for Trade and Plantations, relative to the Disputes 
that have some years Subsisted between the Provinces of New 
Hampshire and New York concerning the Boundary Line 
between those Provinces. His Majesty taking the same into 
consideration was pleased with the advice of his privy Council to 
approve of what is therein proposed, and doth accordingly hereby 
Order and Declare the Western Banks of the River Connec- 
ticut, from where it enters the Province of the Massachusetts 
Bay, as far North as the forty fifth Degree of Northern Lati- 
tude, to be the Boundary Line between the said two Province 
of New Hampshire and New York. Whereof the respective 
Governors and. Commanders in Chief of his Majesty's said 
Provinces of New Hampshire and New York for the time 
being and all others whom it may Concern are to take notice of 
his Majesty's Pleasure hereby signified and Govern themselves 
accordingly. 

Wm. Blair. 
— [N. Y. Doc. Hist., iv, 355 (4°) ; 574-5 (8°) 

An ACT for the better ascertaining the Boundaries of the 
Counties of Cumberland and Gloucester. 

Pass'd the 24th March, 1772. 
Whekeas his present most gracious Majesty, by his Royal 
Letters Patent 1 under the Great Seal of this Colony, bearing 
Date the nineteenth Day of March, in the Year of our Lord, One 
thousand seven hundred and sixty-eight, was pleased to erect 
and constitute into one distinct and separate County, all that 
Tract or District of Land situate in this Colony, on the West 
Side of Connecticut River, beginning at a Point on the West 
Bank of the same River opposite to where the Line run for the 
Partition Line between the Colonies of the Massachusltts-Bay 
and New- Hampshire touches the East Side of the same River, 

1 We have not succeeded in finding the " Patents " referred to in this act 
on record in the office of the Secretary of State. This may be for the 
reason that Patents, like Deeds at the present time, seem to have been 
recorded on the application of parties interested.— [P. 



84 Copies of Documents Relating to the 

* * to be called, known, and distinguished by the Name of 
the County of Cumberland: 

* * And whereas his said most gracious Majesty, by other 
Letters Patent under, the Great Seal of the said Colony, bear- 
ing Date the sixteenth Day of March, in the Year of our 
Lord, One thousand seven hundred and seventy, was further 
pleased to erect and constitute into another distinct and 
separate County, all that certain Tract or District of Land 
situate in this Colony, on the West Side of the said Connec- 
ticut River, to the Northward of the said County of Cumber- 
land, * ,. * to be called, distinguished, and known by the 
Name of the County of Gloucester; * * And whereas the 
Limits of several of the Townships, upon which, hj the said first 
recited Letters Patent, the said County of Cumberland is 
bounded, have never been fixed, surveyed, or ascertained by 
lawful Authority, nor the said Townships hitherto been 
granted under the Great Seal of this Colony; and the said 
County of Gloucester being bounded and depending upon the 
said County of Cumberland, both the said Counties are thereby 
at present exposed to the Danger and Inconveniences of an 
obscure, precarious, and uncertain Jurisdiction, * * For 
Pvemedy whereof, 

I. Beit enacted * * That the said County of Cumber- 
land shall, forever hereafter be bounded and limited as 
follows. *.*.** 

II. And be it further enacted * * That the said 
County of Gloucester shall, forever hereafter, be bounded and 
limited as follows. * * * * 

— [ Laws of N. Y. ( Van Schaavk),.pp. 698-700. 



In answer to the proclamation 1 of Lieutenant-Governor Col- 
den, issued on the 28th of December, 1763, asserting the right 
of New York to jurisdiction as far eastward as Connecticut 

'For a copy of this Proclamation, See N. T. Doc, Hist., iv, 346, 347 (4°); 
558-560 (8°).— [P. 



Boundaries of the State of New York. 85 

river, founded on the grant of Charles II. to the Duke of 
York, Governor Went worth, * had published a 

counter-proclamation, 1 on the 13th of March, 1764,- declaring 
that the grant to the Duke of York was obsolete, and that 
the western bounds of New Hampshire were co-extensive 
with those of Massachusetts and Connecticut. When by a 
special Order in Council, under date of July 20th, 1764, the 
title of the Duke of York was confirmed, and Connecticut 
river was fixed as the dividing line between New York and 
New Hampshire, Wentworth, in his gubernatorial capacity, 
submitted to the decision. In his private conduct, however, 
he showed especial favor to those who still acknowledged the 
jurisdiction of New Hampshire over the " Grants," as the ter- 
ritory west of the Connecticut was called. 
— [Benj. H. Rail's Hist, of Eastern Vt.,p. 145. 



* * A county by the name of Cumberland was constitu- 
ted by act of the assembly in July, 1766, embracing territory 
nearly identical with the present counties of Windsor and 
Windham. 2 * * This act of the Assembly was repealed 
and annulled by the King, and his order was laid before the 
assembly by the governor the 2d of December, 1767. The 
county consequently became extinct. It was however revived 
and reestablished by ordinance of the governor and council, 
bearing date February 10th, 1768. By ordinance of the 
governor and council adopted in March, 1770, another county 
was constituted by the name of Gloucester, comprising all the 
territory north of Cumberland county and east of Green 
mountain, * * The population within the limits of the 

'Idem, iv, 353, 354(4°); 570-572 (8°). 
"The following is the title of this act: — [P. 

An Act for erecting certain Lands lying on the West Side of Connecticut 
River, within this Colony, into a separate County, to he called by the 
Name of, The County of Cumberland ; and for enabling the Freeholders 
and Inhabitants thereof, to erect and build a Court House and Goal in 
the said County. , Pass'd the 3d July, 17(56. 

— [Laws of X. )'. | Van Sehaaek), p. 482. 



86 Copies of Documents Relating to the 

county was probably less than six hundred, and it is difficult 
to conceive what motive there could have been for its forma- 
tion, other than that of gratifying the taste of persons 
ambitious for office and titles. * * * 

— [ Ililand HalVs Hist, of Vt., p. 155. 

* * * * 

The royal decree by which the division line between New 
Hampshire and New York was established, was regarded very 
differently by the different parties concerned. The settlers on 
the New Hampshire grants considered that it only placed 
them hereafter' under the jurisdiction of New York, * * 
But that government gave the decision a very different con- 
struction. It contended that the order had a retrospective 
operation, and decided not only what should thereafter be, but 
what had always been, the eastern limit of New York, and 
consequently, that the grants made by New Hampshire were 
illegal and void. 

With these views, the government of New York proceeded 
to extend its jurisdiction over the New Hampshire grants. 
The settlers were called upon to surrender their charters, and 
re-purchase their lands under grants from New York. Some 
of them complied with this order, but most of them peremp- 
torily refused. * * Indeed, the idea of submission seems 
never for a moment to have been entertained by these brave 
and determined veterans. * * And so very highly did 
they prize their personal rights and liberties, that, rather than 
surrender them to the arbitrary claims of New York, they 
almost unanimously, resolved to meet death, if necessary, in 
their defence. * * Probably the commencement of the 
American war at Lexington, on the 19th of April [1775], was 
the only thing which prevented the parties proceeding to open 
hostilities. 1 * * 

— [Thompson's Hist, of Vt., Part ii, 19, 27, 29. 

1 For an extended collection of official documents relating to the " Contro- 
versy between New York and New Hampshire, respecting the Territory now 
the State of Vermont," see N. T. Doc. Hist., latter half of vol. iv. — [P. 



Boundaries of the State of New York. 87 

Royal Proclamation of October 7, 1763. 

Whereas we have taken into Our Royal Consideration the 
extensive and valuable Acquisitions in America secured to our 
crown by the late Definitive Treaty of Peace concluded at 
Paris the Tenth Day of February fast, * * We have 
thought lit * * to erect * * Four distinct and 
separate Governments, stiled and called by the Names of 
Quebec, East Florida, West Florida, and Grenada, and 
limited and bounded as follows ; viz. 

First. The Government of Quebec, bounded on the Labrador 
Coast by the River St. John, 1 and from thence by a Line drawn 
from the Head of that River through the Lake St. John to the 
South End of the Lake Nipissin ; from whence the said Line 
crossing the River St. Lawrence and the Lake Champlain in 
Forty -live Degrees of North Latitude, passes along the High 
Lands which divide the Rivers that empty themselves into the 
said River St. Lawrence, from those which fall into the Sea ; and 
also along the North Coast of the Baye des Chaleurs, and the 
Coast of the Gulph of St. Lawrence to Cape Rosieres, and from 
thence crossing the Mouth of the River St. Lawrence by the 
West End of the Island of Antieosti, terminates at the afore- 
said River of St. John. 

* * * * 

And we do further declare it to be Our Royal Will and 
Pleasure * * to reserve under our Sovereignty, Pro- 
tection, and Dominion, for the use of the said Indians, all the 
Lands and Territories not included within the Limits of our 
said Three New Governments, 2 or within the Limits of the 
Territory granted to the Hudson's Bay Company as also all 
the Lands and Territories, lying to the Westward of the 
Sources of the Rivers which fall into the Sea from the West 
and North West as aforesaid. * * * 

— [JV. Y. Col. MSS., xcii, 53 ; printed copy. 

' Not the St. John's which empties into the Bay of Fundy, but one of the 
same name which from the north falls into the Gulf of St. Lawrence. 

— [Gallatin on the N. E. Boundary, p. 9, foot note. 

'i. e. Quebec, East Florida and West Florida.— [P. 



88 Copies of Documents Relating to the 

The above boundaries of the province of Quebec were 
extended to Lake Erie and southward by an Imperial Act, 
passed in 1774 (14 Geo. 3, c. 83). This act, a part of which 
is copied below, is enumerated as constituting one of the griev- 
ances of the United Colonies, in their Non-Importation Agree- 
ment, as adopted by the Continental Congress, Oct. 20, 1774. 

It was also specified in the following paragraphs from the 
Declaration of Independence, as one of the " acts of pretended 
legislation" which justified the separation from the parent 
country : 

"He has combined, with others, to subject us to a jurisdic- 
tion foreign to our constitution, and unacknowledged by our 

laws ; giving his assent to their acts of pretended legislation : 
* * * * 

" For abolishing the free system of English laws in a neigh- 
boring province, establishing therein an arbitrary government, 
and enlarging its boundaries, so as to render it at once an 
example and fit instrument for introducing the same absolute 
rule into these colonies : " * * 



* * " Canada is made to include all the country between 
the lakes and the Ohio. The Quebec act is the only public act 
which ever gave that extension to Canada." 
— [Gallatin on JV. E. Boundary of the U. S.,p. 20. 



* * * * 

In this view of the history of this part of the line, it becomes 
evident, however, that, in divesting the provinces of New 
York and New Hampshire by the Quebec act, of territory, 
admitted to belong to them in the Proclamation of 1763, the 
British Parliament must have intended to make the encroach- 
ment as small as possible. 

* * % * 

— \_Report on Maine and JVew Hampshire Boundaries with 
British Provinces • U. 6'. Exec. Docs., 27th Cong., 3d Sess., 
1842-3; No. 31,^. 35. 



Boundaries of the State of New York. 89 

Edmund Burke's appointment and efficient services, as 
Agent of the Colony of New York. 

[In General Assembly.] 

Die Veneris, 10 ho. A. M. the Zlst Bee. 1770. 

Mr. Speaker acquainted the house, that since the last ses- 
sion, he had received certain accounts, by letters from London, 
of the death of Robert Charles, Esq. late agent for this 
colony. 

Whereupon the house being of opinion that it is highly 
necessary to have an agent to transact the affairs of this colony 
at the court of Great Britain. 

Resolved therefore, nemine coutradieente, That Edmund 
Burke, Esq. of London, be and hereby is appointed agent for 
this colony at the court of Great Britain, in the room of 
Robert Charles, Esq. deceased, 1 and that for his services as 
such, there be allowed to him the said Edmund Burke, Esq. 
at the rate of live hundred pounds per annum. * * 
— [Journal of the N. Y. Gen. Assembly, 1770, pp. 17, 18. 

Occasional notices appear in the Journals of the Assem- 
bly, indicating his interest in the affairs of the colon} 7 , and his 
fidelity in the discharge of the duties of his office. 

His correspondence with the Assembly, during his agency, 
from the time of his appointment to the dissolution of the 
Assembly in April, 1775, has never been published ; nor is 
any part of it known to exist in the United States, except the 
letter now first published. Mr. Sparks remarks in relation to 
it, (Life of Gouv. Morris, i, 51,) "Could the whole now be 
found and brought before the public, it would doubtless pre- 
sent in a full and luminous manner the views of that able 
statesman on all the important topics agitated at that time 

"Mr. Charles had held the appointment since April 9, 1746. On the loth 
of October, 1760, Benjamin Franklin and Robert Charles were appointed 
co-Agents of Pennsylvania. Mr. Charles also subsequently became sole 
Agent of that Province. See Penn. Arch., iii, 759; Penn. Col. Rec.,\\\, 257, 544; 
viii, 512; ix, 10.— [P. 

12 



90 Copies of Documents Relating to the 

between Great Britain and the Colonies, and prove a treasure 
of rare worth in the historical materials of the country." 

The following letter, it will be seen, refers to the bill 
which had been recently passed by the British Parliament for 
the Government of Canada, commonly called the Quebec Bill. 
The bill was brought into the House of Lords by the Earl of 
Dartmouth, on the 2d of May, 1774, and passed without 
opposition. In the House of Commons it encountered much 
debate, Mr. Burke opposing it, in all its stages. He was suc- 
cessful in procuring an amendment in relation to the bound- 
aries, designed to protect the interests of New York. The 
bill, as amended, passed the Commons on the 13th June, and 
was returned to the House of Lords on the 18th, when the 
Earl of Chatham denounced it as " a most cruel, oppressive 
and odious measure." * * The bill passed by a large majority, 
and received the royal assent on the 22d June. * 
— [N. Y. Hist. Soe. ColVns, 2d Series, ii, 217-18. 

The bill above referred to is as follows : 

The " Quebec Bill." 
An Act for making more effectual Provision for the Gov- 
ernment of the Province of Quebec in North America. 
Whereas His Majesty, by His Royal Proclamation, bearing 
Date the Seventh Day of October, in the Third Year of His 
Reign, thought fit to declare the Provisions which had been 
made in respect to certain Countries, Territories and Islands 
in America, ceded to His Majesty by the definitive Treaty of 
Peace, concluded at Paris on the Tenth Day of February One 
thousand seven hundred and sixty three : And whereas by the 
Arrangements made by the said Royal Proclamation, a very 
large Extent of Country, within which there were several 
Colonies and Settlements of the Subjects of France, who 
claimed to remain therein under the Faith of the said Treaty, 
was left, without any Provision being made for the Adminis- 
tration of Civil Government therein ; * * be it enacted 



Boundaries of the State of New York. 91 

That all the Territories, Islands and Countries in North 
America, 

[Original Draft of Bill. See Com- [Amendment adopted on motion of 
mom Journals, xxxiv, 812.] Edmund Burke, June 10, 1774. 

"extending Southward to "belonging to the Crown 
Banks of" of Great Britain, bounded 

[See ninth line, p. 92.] n the South by a line from the 

Bay of Chaleurs, along the 
High Lands which divide the 
Rivers that empty themselves 
into the River Saint Lawrence 
from those which fall into the 
Sea, to a Point in Forty five 
Degrees of Northern Latitude, 
on the Eastern Bank of the 
River Connecticut, keeping the 
same Latitude directly West, 
through the Lake Cham/plain 
until in the same Latitude, it 
meets the River Saint Law- 
rence; from thence up the East- 
ern Bank of the said River to 
the Lake Ontario; thence 
through the Lake Ontario, and 
the River commonly called 
Niagara ; and thence along by 
the Eastern and South Eastern 
Bank of Lake Erie, following 
the said Bank, until the same 
shall be intersected by the 
Northern Boundary, granted 
by the Charter of the Province 
of Pensulvania, in case the 
same shall be so intersected ; 
and from thence along tne said 
Northern and Western Bound- 
aries of the said Province, until 



92 Copies of Documents Relating to the 

the said Western Boundary strike the Ohio ; but in case the said 
Bank of the said Lake shall not be found to be so intersected, 
then following the said Bank until it shall arrive at that Point 
of the said Bank which shall be nearest to the North West- 
ern Angle of the said Province of Pensylvania, and thence by 
a right Line to the said North Western Angle of the said Pro- 
vince ; and thence along the Western Boundary of the said 
Province until it strike " 

the River Ohio ; and along the Bank of the said River, 
Westward to the Banks of the Mississippi, and Northward 
to the Southern Boundary of the Territory granted to the 
Merchants Adventurers of England trading to Hudson's 
Bay ; and also all such Territories, Islands and Countries 
which have, since the Tenth of February, One thousand 
seven hundred and sixty three, been made part of the 
Government of Newfoundland, be, and they are herebj 7 , 
during His Majesty's Pleasure, annexed to and made Part and 
Parcel of the Province of Quebec, as created and established 
by the said Royal Proclamation of the Seventh of October One 
thousand seven hundred and sixty-three. 

The following section was also inserted in Committee of the 
Whole in the House of Commons, probably through Mr. 
Burke's influence : 

II. Provided always, That nothing herein contained relative 

to the Boundaiw of the Province of Quebec, shall in any wise 

affect the Boundaries of any other Colony. 

* * * * 

— [Statutes at Large of Great Britain, 8°, xiii,j9. 789-791; 

Anno 14° Georgii III,' [1774], c. 83. 

Letter from Edmund Burke, as Agent of New York, to 

the General Assembly. 
Gentlemen : 

I was prevented by pressing business, and by not the best 
health, from sending you a letter by the July pacquet. When 
I had last the honor of writing to you on your affairs, I enter- 
tained no strong apprehensions, that the clause in the Quebec 



Boundaries of the State of New York. 93 

Bill concerning- the boundary of that new Province, could 
materially affect the rights of your colony. It was couched 
in general and saving terms : it reserved all rights, and con- 
firmed all adjudications ; it was in all appearance sufficiently 
equitable. But upon a close consideration and subsequent 
inquiry, I found that you might be very much affected by it. 
I take the liberty of stating to you the light in which it 
appeared to me, and the conduct which I held, in consequence 
of that view of your interests. 

I must first observe to you, that the proceedings with regard 
to the town of Boston and the Province of Massachusetts 
Bay, had been from the beginning defended on their absolute 
necessity, not only for the purpose of bringing that refractory 
town and province into proper order, but for holding out an 
example of terror to the other colonies, in some of which (as 
it was said) a disposition to the same or similar excesses had 
been marked very strongly. This unhappy disposition in the 
colonies was by the friends of the coercive measures, attributed 
to the pride and presumption arising from the rapid popula- 
tion of these colonies, and from their lax form, and more lax 
exercise, of government. I found it in general discourses, and 
indeed in public debate, the predominant and declared opinion, 
that the cause of this resistance to legal power ought to be weak- 
ened, since it was impossible to be removed ; that any growth of 
the colonies, which might make them grow out of the reach of 
the authority of this Kingdom, ought to be accounted rather a 
morbid fulness than a sound and proper habit. All increase 
of the colonies which tended to decrease their advantage to this 
country, they considered as useless, and even mischievous. 

From this predominant way of thinking, the enormous 
extent of the colonies was censured. It was not thought wise 
to make new grants of land but upon the weightiest consider- 
ation, if at all. Prerogative was. to be strengthened as much 
as possible, and it was thought expedient to find in the tracta- 
ble disposition of some provinces, a check upon the turbulent 
manners, and a balance to the less manageable plan of govern- 
ment in the others. 



94 Copies of Documents Relating to the 

These principles (whatever their merit may be) became very 
fashionable, during the agitation of the Massachusetts bill, in 
the House of Commons. A Peer, who I think does not always 
vote in the majority, made a sort of proposition for an address 
to the King, that no more lands should be located in America. 
This was the substance of the proposition, although it pro- 
ceeded no further, for reasons of decorum. The ministerial 
side in that House fell in very directly with those sentiments, 
and, as I am told, plainly shewed a resolution to act in con- 
formity with them, as far as the power of the Crown in that 
particular extended. It is true, that a few Lords, and Lord 
Rockingham in particular, objected to the idea of restraining 
the colonies from spreading into the back country, even if 
such restraint were practicable ; for by stopping the extending 
of agriculture, they necessitated manufactures, contrary to the 
standing policy of colonization. The general sentiments were, 
however, as I have stated them. 

I mention this disposition of the House of Peers, particu- 
larly, (though it prevailed almost equally elsewhere,) because 
the Quebec Bill originated in that house. Very many thought, 
on a careful perusal, that the lines of the plan of policy I have 
just mentioned, were very distinguishable in that bill as it 
came down to us. It M r as for that reason, I became more 
uneasy than at first about the lax and undeterminate form in 
which the boundary clause of this new colony was worded, in 
the original bill. The idea of which (whether seriously 
adopted by ministry or not) was very prevalent, that the 
British colonies ought to be restrained, made it necessary that 
this restraint should not be arbitrary. It was the main ground 
of the amendments which I proposed and carried, with regard 
to the boundary clause. However, as a mere unconnected 
arrangement, it was right to define with clearness, although 
such a plan of policy never had existed, or should pass away, 
as I hope and think in some degree it has, with the first heats. 

The bill passed through the House of Lords, with some 
opposition, but no amendment ; but when it came into the 
House of Commons, the ministers confessed, that it was hastily 



Boundaries of the State of New York. 95 

drawn, and they professed great candor in admitting altera- 
tions. The part by which your province would he directly 
affected, was only the boundary clause. 

As the boundary was, in the most material parts in the 
original bill, only constructive, and in general words of refer- 
ence, " to the boundary lines of the other provinces, as 
adjudged or allowed by the Crown'" I thought it necessary to 
know, with regard to yon, what lines^iad been actually drawn, 
and next what principles were to guide in adjudging your 
real boundaries in future. 

With regard to the first point, I found, that a line of divi- 
sion between your colony and that of Quebec, had been 
allowed by the King in Council to be run from a point on 
Lake Champlain in forty-five degrees of north latitude. So 
far had been agreed between the Governors of the two prov- 
inces and allowed. But no line had been actually run in con- 
sequence of this agreement, except from the river Connecticut 
to the Lake. Even this line had not been formally allowed ; 
and none at all had been run to the westward of Lake Cham- 
plain. So that your boundary on the north had never been 
perfectly delineated, though the principle upon which it 
should be drawn had been laid down. For a great part of the 
northern frontier, and for the whole of the western, until you 
met the line of New Jersey, you had no defined boundary 
at all. Your claims were indeed extensive, and I am persuaded 
just ; but they had never been regularly allowed. 

My next object of inquiry, therefore, was, upon what prin- 
ciples the Board of Trade would in the future discussions 
which must inevitably and speedily arise, determine what 
belonged to yon, and what to Canada. 

I was told, that the settled, uniform doctrine and practice of 
the Board of Trade, was this : that in questions of boundary, 
where the jurisdiction and soil in both the litigating provinces 
belonged to the Crown, there was no rule but the King's will, 
and that he might allot as he pleased, to the one or the other. 
They said also, that under these circumstances, even where the 
King had actually adjudged a territory to one province, he 



96 Copies of Documents Relating to the 

might afterwards change the boundary; or if he thought fit, 
erect the parts into separate and new governments, at his dis- 
cretion. They alleged the example of Carolina, first one 
province ; then divided into two separate governments, and 
which afterwards had a third, that of Georgia, taken from the 
southern division of it. They urged besides, the example of 
the neutral and conquered islands. These, after the peace of 
Paris, were placed under one government. Since then, they 
were totally separated, and had distinct Governments and 
Assemblies. 

Although I had the greatest reason to question the sound- 
ness of some of these principles, at least in the extent in 
which they were laid down, and whether the precedents 
alledged did fully justify them in that latitude ; I certainly had 
no cause to doubt but that the matter would always be deter- 
mined upon these maxims, at the board by which they were 
adopted. The more clearly their strict legality was proved, the 
more uneasy I became at their consequences. By this bill, a new 
province under an old name was in fact erected. The limits, 
settled by the proclamation of 1763, were cancelled. On your 
side, a mere constructive boundary was established, and the 
construction, when examined, amounted to nothing more than 
the King's pleasure. No part of your province, (not even the 
settled quarters of the country, quite to the river Hudson,) was 
secured from the possible operation of such a principle. 
Besides there was a possibility, (at least), that in the settlement 
of the boundary, ministers would naturally lean to extend those 
limits the most, where the royal prerogative was most exten- 
sive, and consequently their power the highest. I do not 
mean to charge them with that intention. But no laws stood 
in the way of such an inclination, if it ever did exist, or 
should happen to exist hereafter. This was not (as it might 
be between two ancient British colonies) a mere question of 
geographical distinction, or of economical distribution, where 
the inhabitants on the one side of the line and the other, lived 
under the same law and enjoyed the same privileges of Eng- 
lishmen. But this was a boundary, discriminating different 



Boundaries of the State of New York. 97 

principles of jurisdiction and legislation ; where, in one part, 
the subject lived under law, and in the other, under prerogative. 

From these impressions, I proposed my objections on the 
second reading, reserving a more regular opposition to the 
Committee. In the interval, 1 conferred with Lord Dartmouth 
and Mr. Pownall and afterwards with Lord North, upon the 
subject. But first, I formed my plan for an amendment to the 
clause, as it stood in the bill, before it was committed. I could 
have wished for a more perfect and authorized information ; 
but I was obliged to act at the instant. The bill came in late in 
the session, and if I had let it pass for want of being instructed, 
the occasion could in all human probability never be recovered. 

I saw you had claims founded on these grounds. The old 
Dutch settlement ; the placing of the Five Nations within 
your government ; the boundary line of Governors Moore and 
Carlton ; and the maintenance of the Fort of Oswego during 
the late war, which carried you to Lake Ontario. 

These claims had no fault but the want of definition. To 
define, is to abridge. Something then must be given up ; I 
was persuaded that when one negotiates with power, it is 
policy to give up handsomely what cannot be retained, and to 
gain that strength which will always more or less attend the 
reasonableness of a proposition, even when it is opposed by 
power. I thought that well secured and tolerably extensive 
boundaries, were better than the amplest claims, which are 
neither defined nor allowed. My idea was, to get the limits 
of Quebec, which appeared to many as well as myself intended 
to straiten the British colonies, removed from construction to 
certainty; and that certainty grounded on natural, indispu- 
table and immovable barriers, — rivers and lakes, where I 
could have them ; lines, where lines could be drawn ; and 
where reference and description became necessary, to have 
them towards an old British colony, and not towards this new, 
and, as was thought, favorite establishment. 

I assured ministry, that if they refused this reasonable offer, 
I must be heard by council. As they found some opposition 
growing within and without doors, and they were in haste to 
13 



98 Copies of Documents R elating to the 

carry through their bill brought in so late in the session, 
after some discussion and debate, they gave way to the 
amended clause, as you see it. 

The work was far more troublesome than those who were 
not present can well believe. It cost us near two whole days 
in the committee. The grand difficulty arose from the very 
unsettled state of the boundary of Pennsylvania. We could 
not determine whether it advanced northward beyond Lake 
Erie, or ran within that Lake, or fell to the south of it ; and 
this uncertainty made the whole matter beyond expression per- 
plexing. Objections on the part of Quebec were raised to the 
last moment, and particularly to the post of Niagara, which 
Mr. Carlton, I am told, was very earnest to have within his 
government, but by the act it is excluded, and is on your side. 
I believe some imagined that these difficulties would make me 
give up the point ; but it is carried, and if not a perfect 
arrangement, it prevents a very bad one, and may form a 
basis for a much better, in times more favorable to the old 
Colonies. 

After the affair was over, it was suggested to me, that I 
ought to have expressly defined this line to be the limits of 
New York, as well as of Canada. To this I answer, that I 
was aware of the inconveniences which might arise from the 
want of this clear specification, supposing the Board of Trade 
to act insidiously, unfairly and captiously ; which I have no 
reason to imagine they will do, from anything I have observed 
in them, or in other parts of ministry. But I confess, when 
I consider that Canada is put on the other side of the waters, 
its bounds being expressly so marked out, it appears to me 
absolutely impossible to say to whom the land on this side 
belongs, except to you, unless his Majesty should choose to 
erect a new government, a thing no way likely or convenient 
for any good purpose. The Quebec Line was constantly 
stated and argued in the House, as the boundary between the 
Provinces of Quebec and New York, in that public discourse 
(rather than debate) which latterly we had on the subject. — I 
think the line to all intents and purposes as much your bound- 



Boundaries of tee State of New York. 99 

ary, as if it were ever so expressly set down. Canada, at least, 
cannot say, " this belongs to me." 

I did not press to have the line called the boundary between 
New York and Canada ; because we should again fall into dis- 
cussion about the bounds of other Colonies, as we had about 
those of Pennsylvania, which discussion alone had very near 
defeated me. It would be asked, why the line along Nova 
Scotia, New Hampshire, and the Northern Massachusetts 
Claim, was not called the boundary of these provinces, as well 
as of New York. It would be said, that this Act was to settle 
a Constitution for Quebec, and not for adjusting the limits of 
the Colonies, and, in the midst of this wrangle, the whole 
object would have infallibly escaped the House, as it grew 
quite tired of it. All business stood still whilst we were word- 
ing the clause, and on our difficulties, Lord North proposed to 
revert to the old words, which he said to him were the best, 
and that he only gave way to the sentiments of other people, 
who, on his concession found a difficulty in effectuating their 
own purpose. 

I must, therefore, accept what I could get, and the true 
method of estimating the matter is to take together — the time ; 
what we escaped ; and what we obtained ; and then to judge 
whether we had not had a tolerable bargain. Those who were 
present, congratulated me, as on a great advantage. I am sure, 
I acted for the best, with great rectitude of intention and a 
good deal of assiduity. I send you the bill with the amend- 
ments marked. As to the other parts of the bill, they are mat- 
ters of more general policy. As I have already given you a 
great deal of trouble, I do not mean to detain you any longer 
upon foreign matter. 

I received your obliging letter of the 31st of May, and am 
extremely happy in the honor of your approbation. You 
undoubtedly may dispose of my letters as you judge proper. 
I must in this respect confide entirely in your prudence, being 
fully satisfied, that the matter will always direct you suffi- 
ciently in what you ought to conceal, and what to divulge. 

I have sent off long ago the Wawayanda and Cheesecock 



100 Copies of Documents Relating to the 

Acts. I have had the honor of seeing Mr. Cruger at my 
house, on his return to Bristol. I endeavoured to attend to him 
in the manner to which his merit and connections entitle 
him. 

I have the honour to be, with the highest 

esteem and regard, gentlemen, your most 

obed't and humble servant, 

EDMUND BURKE. 1 

Beacon sfield, August 2, 1774. 

To the Committee of Correspondence for the General Assem- 
bly at New York. 
— [N. Y. Hist. Soc. ColVns, 2d Series, ii, 219-225. 

Governor Tryon concerning Province of New York. 1774. 
* * * * 

The Province of New York is situated on the Atlantic 
Ocean which washes its Southern shores : The Colonies of 
Connecticut, Massachusetts Bay and New Hampshire, lying to 
the East, Quebec to the North, and New Jersey, Pennsylvania 
and the Indian Country to the West. * * 

The Boundaries of the Province of New York are derived 
from Two Sources. — First, the Grants from King Charles the 
Second to his Brother James Duke of York dated the 12 th 
March 16G3-4 and the 29 June 1674, which were intended to 
convey to the Duke all the Lands claimed by the Dutch, the 
first occupants of this Colony. — Secondly, from the Submis- 
sion and Subjection of the Five Nations of Indians to the 
Crown of England. 

The Descriptive part of both the Duke's Grants is in the 
same Words and exclusive of the Territory Eastward of Con- 
necticut River, since granted to the Massachusetts Bay by their 
Charter of 1691, comprehends "All that Island or Islands com- 
monly called Mattawacks or Long Island, together with Hud- 
son's River, and all the land from the West side of Connecticut 
River to the East side of Delaware Bay." Connecticut River 

1 See also Cavendish's Debates on Quebec Bill, pp. 188-194, etc. — [P. 



Boundaries of the State of New York. 101 

extends be} y ond, and Hudson's River takes its rise a little to 
the Southward of the Forty fifth Degree of Northern Latitude ; 
And as a Line from the Head of the River Connecticut to 
Delaware Bay, would exclude the greatest part of Hudson's 
River, which is expressly granted to the Duke of York, the 
Boundary most consistent with the Grants to the Duke, and 
the claim of New York founded thereon, is a line from the 
Head of the Connecticut River to the source of Hudson's 
River, thence to the Head of the Mohawk Branch of the Hud- 
sons River and thence to the East side of the Delaware Bay. 

That this has been the reputed Boundary under the Duke's 
Title has been confirmed by the Grants of this Government 
extending Westward nearly to the Head of the Mohawk 
Branch of the Hudson's River, and Southward of that Branch 
to within a few miles of the North Boundary of Pensylvania. 

No other Construction will justify the terms of the Grants 
to the Duke, nor any Lines less comprehensive include the 
Lands patented by this Province or ceded to the Crown by 
the Indians, at the Treaty of Fort Stanwix in 1768. 1 

The Second source of the Title of this Government is 
grounded on the Claim of the Five Nations who are in the 
Treaty of Utrecht acknowledged by France to be subject to 
Great Britain. 

Soon after the English conquered this Country from the 
Dutch, pursuing their System of Policy, they entered into a 
t-trict Alliance with the Natives who by Treaties with this 
Colony, subjected themselves to the Crown of England, and 
their Lands to its protection, and from this Period were always 
treated as Subjects, and their Country considered by this Gov- 
ernment as part of the Province of New York, which proba- 
bly gave rise to the extended jurisdiction of the Colony beyond 
the Duke's Grants, signified by the words " The Territories 
depending thereon" which are found in all the Commissions 
of the Crown to its Governors. Nor has the Crown except 
by the confirmation of the Agreement fixing the Boundary of 
Connecticut at about Twenty miles East of Hudson's River at 

'See N. Y. Doc. Hist, i, 379 (4°); 587 (8°).— [ P. 



102 Copies of Documents Relating to the 

any Time contracted the jurisdiction of the Colony Westward 
of Connecticut River & Southward of the Latitude 45 the 
Proclamation of His present Majesty of the 7 th of October 
17G3, leaving the jurisdiction Southward of that Latitude as 
it stood before, tho' it prohibits for the present the further 
Extention of the Grants and Settlements into the Country 
thereby reserved to the Indians, to avoid giving Umbrage to 
that People who complained they were too much strait- 
ned in their hunting grounds. It is uncertain to this Day to 
what Extent the Five Nations carried their claim to the West- 
ward & Northward but there is no doubt it went to the 
North beyond the 45 Degree of Latitude and Westward to 
Lake Huron, their Beaver Hunting Country being bounded to 
the West by that Lake, which Country the Five Nations by 
Treaty with the Governor of this Province at Albany in 1701, 
surrendered to the Crown to be protected and defended for 
them — Mitchell in his Map extends their claim much further 
Westwards and he is supported in this opinion by Maps and 
other authorities very Ancient and Respectable. 

The above Treaty of 1701 is to be found among the Records 
of Indian Transactions 1 but it is recited and the Surrender 
made thereby confirmed in a Deed dated the 14 th September 
1726 by which the Seneca, Cayouga and Onondaga Nations 
also surrender'd their Habitations to King George the first, a 
Copy whereof is inserted in the article of the Appendix, 
Number 1. 

•x- * * * 

Without any view to the more Westerly claim of the Five 
Nations, supposing the Colony to comprize within its Limits 
or Jurisdiction the Country those Nations Surrendered to the 
Crown by the Description of the Beaver Hunting Country as 
before mentioned — The Boundaries of the Province of New 
York are as follows. 

1 The four folio volumes of these Records have disappeared from the 
archives of the State, and it is feared are no longer in existence. Wraxall's 
MS. Abridgment of the same, now in the State Library, does not contain 
the Treaty referred to. — [P. 



Boundaries of the Statu of New York. 103 

On the South. 

The Atlantic Ocean, including Long Island, Staten Island 
and others of less note. 

On the West. 

The Banks of Hudson's River from Sandy Hook, on the 
Ocean, to the 41 Degree of Latitude — Thence the: Lino estab- 
lished between New York and New Jersey to Delaware 
River— Thence the River Delaware to the North East corner 
of Pensylvania or the Beginning of the Latitude 43, which 
in Mitchel's Map is by mistake carried thro' the whole of that 
degree — Thence the North Boundary Line of Pensylvania to 
the Northwest Corner of that Province, and continuing the 
same Line to a point in Lake Erie which bears due South from 
the East Bank of the Streights of D'Etroit and of Lake 
Huron to the Forty Fifth Degree of Northern Latitude. 

On the North. 

A Line from a point on the East Bank of Lake Huron in 
the Latitude of Forty Five East to the River St Lawrence, 
or the South Boundary Line of Quebec ; Thence along the 
South Boundary Line of that Province across the River St 
Lawrence to the Monument on the East Bank of Lake Cham- 
plain fixed there in the 45 Degree of Northern Latitude ; Thence 
East along the Line already run and marked to the Monument 
or Station fixed on the West Bank of the River Connecticut 
in the same Latitude. 

On the East. 

The Western Banks of the River Connecticut from the last 
mentioned Station to the South-west corner of the Province 
of New Hampshire, in the North boundary Line of the Mas- 
sachusetts bay ; and from thence along that Line, (if contin- 
ued) and the Western limits of the Province of Massachusetts 
Bay, and the Colony of Connecticut. 

In the Appendix N°. 4, is a Map of the Province of New- 
York according to the preceding Description of its Boundaries. l 
—[JV. Y. Doc. Hist., i, 503-6 (4°) ; 739-744 (8 C ). 

1 This Appendix is not preseryed in the Documentary History. — [P. 



104 Copies of Documents Relating to the 

Appendix, No. 1. 
[Deed to King George the First reciting the surrender by the Five Nations 
of their Beaver Hunting Country, and containing an actual surrender of 
the Castles or Habitations of the Sennecas, Cayougas and Onondagas.] 

To all People to whom this present Instrument of Writing 
shall come. 

Whereas the Sachems of the Five Nations did on the 19 th 
day of July one Thousand Seven Hundred and One in a Con- 
ference held at Albany, Between John Nanfan Esq r late 
Lieutenant Governor of the Province of New York give and 
render up All their Land where the Beaver Hunting is, which 
they won with the Sword then Eighty years ago to Coorachkoo 
Our Great King praying that he might be their Protector and 
Defender there for which they desired that their Secretary 
might then draw an instrument for them to sign and: seal that 
it might be carried to the King as by the Minutes thereof now 
in the Custody of the Secretary for Indian Affairs at Albany 
may more fully and at large appear — We Kanakazighton and 
Shanintzarouwee Sinneke Sachims, Ottsoghkoree, DeKanis- 
oree and Aenjeweeratt Cayouge Sachims, Rachjakadorodon and 
Sadegeenaghtie, Confirm, Submit and Grant And by these 
presents do (for Ourselves, our Heirs and Successors and in 
behalf of the Whole Nations of Sinnekes, Cayouges and Onnon- 
dages,) ratify, Confirm and Submit and Grant unto our most 
Sovereign Lord George by the Grace of God, King of Great 
Britain France & Ireland, Defender of the Faith, &c. His Heirs 
and Successors for ever All the said Land & Beaver Hunting 
to be protected & Defended by his said Majesty, His Heirs and 
Successors to and for the Use of Us, our Heirs and Successors, 
And the said three Nations ; And we do also of our own accord 
free & voluntary Will give, render, submit and grant, and by 
these presents do for Ourselves our Heirs and Successors give, 
render, submit and Grant unto our said Sovereign Lord King 
George, his Heirs & Successors for ever, All that Land lying 
& being sixty Miles Distance taken Directly from the Water 
into the Country, Beginning from a creek called Canahogue on 
the Lake Oswego, all along the said Lake and all along the 



Boundaries of the State of New York. 105 

Narrow passage from the said Lake to the Falls of Oniagara 
called Canaguaraghe and all along the River of Oniagara and 
all along the Lake Catarackqni to the Creek called Sodoms 
belonging to the Senekes & from Sodoms to the Hill called 
Tegerhunkserode belonging to the Cayouges and from Teger- 
hunekserode to the Creek called Caynunghage belonging to the 
Onnondages AH the said Land being of the Breadth of sixty 
English miles as aforesaid. All the way from the aforesaid 
Lakes or Rivers directly into the Country and thereby includ- 
ing all the Castles of the aforesaid Three Nations with all the 
Rivers, Creeks & Lakes within the said Limits to be protected 
and defended by his said Majesty his Heirs and Successors for 
ever to and for Our Use our Heirs and Successors & the said 
Three Nations. 

In Testimony Whereof We have hereunto set our Marks and 
affixed our Seals in the City of Albany this fourteenth Day of 
September in the Thirteenth year of His Majesty's Reign 
Anno Domini 1726. 
— [N~. Y. Doc. Hist., i, 525 (4°) ; 775 (8°). 

Indian Records. 
The " Minutes in the Custody of the Secretary for Indian 
Affairs," referred to in the foregoing Appendix, include the 
following entries' 

Albany 14 July 1701. 

The Lieu 1 Gov 1 " John Nanfan Esq r met the 5 nations & made 
a Speech to them w ch is not recorded. 

They Answer — 

They condole with him on the Death of the late Gov 1- the 
Earl of Bellmont & congratulate him on his accession to the 
Gov 1 . 

They say we shall all have our Eyes fixed upon you because 
we daily meet with great difficulties from the French of Canada. 
We doubt not but you will be careful to keep the Covenant 
Chain firm as the late Gov r has done whose soul is now in 
heaven. 

14 



106 Copies of Documents Relating to the 

We do with all sincerity acknowledge the great kindness that 
his Majesty the Great King has for the 5 nations. We will 
endeavour to behave our selves as such that may merit his 
Majestys Esteem by our faithfulness to the English Crown. 
We cannot sufficiently express our Gratitude to so Gracious a 
Prince, and we shall never fail to obey your Commands who 
are his Lieutenant. 

«•##■* 

Albany 19 July 1701 

The Lieu 1 Gov 1- had a further Conference with the 5 nats. 

His Speech is not recorded. 

They say. We complain of the French of Canada incroach- 
ing upon our Territories & that they go & build Forts upon 
our Land without our Consent. We pray the Great King of 
England may be acquainted with it & that he will be pleased to 
take care to prevent it. 

We do renew the Covenant Chain & make it bright & clear 
& we fasten it to the Hills w ch lye round this City, for Trees 
may rot & decay, but the Hills will remain immoveable. 

Let the Covenant Chain reach from New York to the Senne- 
kas Country that all the People that are under it may be secure 
from all attempts of an Enemy. 

We would remove the End of it to Troich Sachronde 1 or 
Wawyacktenok if it were in our Power, but the French would 
mock at it for they have taken it in Possession already against 
our wills sending People thither to make Forts, but hope they 
will be removed speedily away. 

If the French make any attempts or come into our Country 
to delude us, we desire you to send men of wisdom & under- 
standing to Countermine them, for they are too subtle & Cuning 
for us & if you can convince them that will be a means to stop 
their designs & to prevent their ill Intentions. 

We desire that our Secr y Rob 1 Livingston may be sent to the 
Great King of England to acquaint him that the French of 
Canada incroach upon our Territories by building a Fort at 

1 The Straits between Lake Huron & Lake Erie. 



Boundaries of the State of New York. 107 

Tejughsakroudie 1 and to pray that our Great King may use 
all means to prevent it. We shall be tied up ; we shall not be 
able to live, they will come nearer to us every day with their 
Forts. We do give & render up all that Land where the Bever 
hunting is w ch we won with the Sword 80 years ago & pray 
that lie (the King) may be our Protector and Defender there ; 
and desire that our Secretary may write an Instrument w ch we 
will Sign & Seal that it may be carried by him to the King. 2 

* * * * 

The Gov 1- of Canada hath sent a Party of men who are gone 
behind our Country privately to build a Fort at Tejughsagh- 
rondie. You desire to know what we have done in that Case. 
The People that have been at Onondago can tell you. We 
thought this Government would have done something in the 
matter, & to have found you buisy in your Books & Maps con- 
cerning it, that the Line should be run between the Two Gov- 
ernments. We can do nothing in the Case, you know we have 
not Power to resist such a Christian Enemy, therefore we must 
depend upon you Bro r to take this Case in hand & acquaint 
the Great King with it for what will become of us at this rate. 
Where shall we hunt Bever if the French of Canada take Pos- 
session of our Bever Country. 

* * * * 

— [ WraxalVs Indian Records, MS., in JV. Y. State Library, 
pp. 35-38. 

Lieut. Governor John Nanfan to the General Assembly, 
August 19, 1701. 

* * * * 

I cannot but take it as a presage of the future success of my 

■ Endeavours for the good of this province, that at this time, 

when the danger of warr makes it requisite to be well assured 

of the ffidelity of our flive nations of Indians, they have not 

1 The 5 Nation name for Lake Erie & is I suppose Fort [name illegible] 
w ch the French had at the West end of Lake Erie. 

8 In the contents of this meeting is minuted the Deed of Surrender of this 
Land to the King dated the 19 July 1701, but no such Deed appears recorded. 



108 Copies of Documents Relating to the 

only repeated their assurances in such a manner as has been 
sacred among 'em but Conveyed to the Crown of England a 
vast Tract ot Land of great consequence for preventing their' 
necessity of Submitting to the neighbouring power. 

* -x- x * 

— [Journal of JV. Y. Legis. Council, i, 157. 

Albany, the 1 July 1751 

* * # * 

Gov 1- Clinton takes notice to them [the Six Nations] of a , 
Fort the French are Building at Oniagara 1 he represents to 
them the Fatal Consequences of their suffering the French 
to environ them with their Forts &, directs them to prohibit 
their going on with any such Buildings, he also mentions the 
French going to build a Fort near the Ohio. 

The 6 Nations in their Answer say they have already dis- 
patched an Embassy to Canada about these Buildings of the 
French & shall take further measures about them & they add 
further in their said Speech. — " We desire your Excell y will 
" carry a Message from us & inform the King our Father that 
" the French are endeavouring to take away our Lands & 
" Build Forts on them & beg that the King will inform the 
" King of France of the Proceedings- of his Subjects that he may 
" put a stop to it for that the Land belongs to the King our 
"Father & the Gov r of this Province." 2 

— [WraxalVs Indian Records, pp. 223, 224. 

1 Between Lake Erie & Lake Ontario to the Southward of Niagara. 

2 This claim of the Indians of the 6 Nations & the consequent right of the 
Crown of Great Britain by their having repeatedly put themselves & all their 
Lands both occupied & conquered under the Dominion & protection of the 
Crown of Great Britain, is so well supported by incontestible Proofs in the 
Indian Records from their earliest Period to this Day & w ch I have taken care 
to mention frequently in these abstracts. Hence as I conclude all the French 
Forts from Crown Point to west end of Lake Erie along the South side of 
the River St. Laurens & of the Lakes Ontario & Erie, are unjustifiable 
Encroachments & contrary to the Law of Nature & of Nations. 



Boundaries of the State of New York. 109 

The Iroquois, or Five Nations of Indians, and their 
Territorial Extent. 

* •* # ■& 

The word Iroquois, as we are told by Charlevoix, who is a 
competent and reliable witness on this point, is founded on an 
exclamation, or response, made by the sachems and warriors, 
on the delivery to them of an address. * * It is a term 
which has been long and extensively used, both for the language 
and the history of this people; and is preferable, on enlarged 
considerations, to any other. The term Five Nations, used by 
Colden, and in popular use during the earlier period of the 
colony, ceased to be appropriate after the Tuscarora revolt in 
North Carolina, and the reunion of this tribe with the parent 
stock, subsequent to 1712. From that period they were called 
the Six Nations, and continued to acquire increased reputation 
as a confederacy, under this name, until the termination of the 
American Revolution in 1783, and the flight of the Mohawks 
and Cayugas to Canada, when this partial separation and break- 
ing up of the confederacy, rendered it no longer applicable. 

* * * * 
— [Schoolcraft's Notes on the Iroquois, pp. 45, 46. 

* * * * 

At the era of Dutch discovery (1609), the Iroquois were 
found in the possession of the same territories between the 
Hudson and the Genesee rivers, upon which they afterwards 
continued to reside until near the close of the eighteenth cen- 
tury. At that time, the Five Nations, into which they had 
become subdivided, were united in a League ; but its formation 
was subsequent to their establishment in the territories out of 
which the State of New York has since been erected. 
•x- * * * 

Tradition * * informs us that prior to their occupation 
of New York, they resided in the vicinity of Montreal, upon 
the northern bank of the St. Lawrence, where they lived in 
subjection to the Adirondacks, a branch of the Algonquin race, 
then in possession of the whole country north of that river. 
At that time, the Iroquois were but one nation, and few in 



HO Copies of Documents Relating to the 

number. * * They made an attempt to secure the independ- 
ent possession of the country they occupied ; but having been, 
in the struggle, overpowered ;ui<l vanquished by the Adiron- 
dacks, they were compelled to retire from the country, to 
escape extermination. * * Their first settlements, they 
believe, were located upon the Seneca river, where for a time 
they dwelt together. At a subsequent day they divided Into 
bands, and spread abroad to found newvillages. * * These 
several bands were,at first, obliged to contend with the various 
tribes whom they found in possession of the country. After 
their expulsion, the interests and pursuits of the five nations 
not only became distinct, bul the severance was followed by a 
gradual alienation, finally resulting in a state of open warfare, 
which continued for an unknown period. 

The project of a League originated with the Onondagas, 
among whom it was lirst, suggested, as a means to enable them 

more effectually tO resist the pressure of contiguous nations. 
* * In relation to the period of its origin, there are some 

circumstances connected with their first intercourse with Euro- 
peans, tending to Show that it had subsisted about a century at 
the era of Dutch discovery ; on the other hand, their principal 
traditions indicate a period far more remote. 

After the formation of the League, the Iroquois rose rapidly 

in power and influence. * '"" <>ne of the firsl results of 
their federal system was a universal spirit of agression ; a 

thirst for military glory and political aggrandizement. * * 

With the first consciousness of rising power, they turned their 
long cherished resent incut upon the Adirondacks, who had 
Oppressed them in their infancy as a, nation, and had expelled 

them from their country, in the first struggle for the ascend- 
ancy. This war raged for along time with unceasing animosity, 

and was continued nearly fifty years after the commencement 
of French occupation, until the descendants of the ancient 
Adirondacks were almost, totally extirpated. At the era of 
French discovery (1535), the latter nation appear to have been 
dispossessed of their original country, and driven down the St. 
Lawrence as far as Quebec. * * After the permanent 



Boundaries of the State of New York. Ill 

occupation of Canada by the French, in 1607, the Adirondacks 
became their allies ; bat the protection of the former was 
insufficient to shield them against the hostile visitations of 
their hereditary enemy. 

A new era commenced with the Iroquois upon the establish- 
ment of the Dutch trading-post at Orange, now Albany, in 
1615. * * Friendly relations were established between the 
Iroquois and the Dutch, which continued without interruption 
until the latter surrendered their possessions. upon the Hudson 
to the English, in 1664. * * The English, in turn, cultivated 
the same relations of friendship which had been commenced 
with them by the Dutch. * * It was otherwise, however, with 
the French. From the first to the last they encountered the 
uncompromising and inveterate enmity of the League. * * 
The French having allied themselves with the Adirondacks and 
Hurons, gave them arms and assistance, and incited them 
against the Iroquois, a spirit of hatred was aroused against 
them, which never ceased to burn until the final subjugation 
of Canada by the English, in 1760. * * To this Indian 
League, France must chiefly ascribe the overthrow of her 
magnificent schemes of colonization in the northern part of 
America. 

With the possession of firearms commenced not only the 
rapid elevation, but absolute supremacy of the Iroquois over 
other Indian nations. In 1613, they expelled the Neuter 
Nation from the Niagara peninsula, and established a perma- 
nent settlement at the mouth of that river. They nearly 
exterminated, in 1653, the Eries, who occupied the south side 
of Lake Erie and from thence east to the Genesee, and thus 
possessed themselves of the whole area of western New York, 
and the northern part of Ohio. About the year 1670, after 
they had finally completed the dispersion and subjugation of 
the Adirondacks and Hurons, they acquired possession of the 
whole country between lakes Huron, Erie and Ontario, and of 
the north bank of the St. Lawrence, to the mouth of the 
Ottawa river, near Montreal. On the north shore of lake 



112 Copies of Documents Relating to the 

Ontario they founded several villages, in the nature of colonial 
towns, to maintain possession of the conquered territory. 

* * * * 

— [Morgan's League of the Iroquois, pp. 4-12. See also 
Schoolcraft 's Notes, pp. iii-v, and 44, 45. 



* * The middle, western, and northern portions of our 
State, including that part of Vermont, which was a part of 
New York until the Revolution, was the proper residence of 
the Iroquois. But less than a century ago, their territorial 
dominion (taking in that of their confederate, subject, or tribu- 
tary allies) embraced an empire, which might be compared to 
that of ancient Rome in the height of her imperial prosperity. 
Stretching from the junction of the Outawais and St. Lawrence, 
their line extended through Canada, westward to the north of 
Lake Huron, southward (including Michigan) to the junction 
of the Illinois and Mississippi, (and, in fact, they claimed, by 
conquest, nearly to the mouths of this river) thence across 
Kentucky, Ohio, Pennsylvania, to the sources of the Susque- 
hanna and the Hudson. * * 
— [ Yates and Moulton's History of New York, p. 95. 

Views of Recent Historians. 
# * •* # 

1642. The war parties of the Five Nations, hereditary ene- 
mies of the Hurons, and the deadly opponents of the French, 
controlled the passes between Upper Canada and Quebec. * 

1698. The boundary between New France and New York 
was still more difficult to be adjusted. Delius, the envoy 
from New York, included in that province all the country of 
the Five Nations, and declared openly, at Montreal, that the 
countries at the west, even Mackinaw, belonged to England. 
This extravagant ambition was treated with derision : the 
French, moreover, themselves laid claim to the lands of the 
Five Nations. * * * * 

1701. As the claims of discovery and early occupation were 



Boundaries of the State of New York. 113 

clearly with the French, the English revived and exaggerated 
the rights of the Five Nations. * * Their hunting- 

grounds were interpreted to extend to Lake Nipissing ; and, 
on old English Maps, the vast region is included within the 
dominions of England, by virtue of an act of cession from 
the Iroquois. 

But as a treaty, of which no record existed, could hardly be 
cited by English lawyers as a surrender of lands, it was the 
object of Governor Burnet to obtain a confirmation of this 
grant. Accordingly, in the treaty concluded at Albany, in 
September, 1726, the cession of the Iroquois country west of 
Lake Erie, and north of Erie and Ontario, was confirmed ; 
and, in addition, a strip of sixty miles in width, extending 
from Oswego to Cuyahoga River at Cleveland, was " submit- 
ted and granted," by sachems of the three western tribes, to 
" their Sovereign lord, K,ing George," " to be protected and 
defended by his said majesty, for the use of the said three 
nations." The Chiefs could give no new validity to the alledged 
treaty of 1T01 ; they had no authority to make a cession of 
land ; nor were they conscious of attempting it. If France 
had renounced its rights to Western New York, it had done 
so only by the treaty of Utrecht [1713]. * * * 

--[Bancroft's U. S. History, iii, 132, 192, 340, 341. See also 
193, 194, 233, 234, 244, 339. 



During the eventful transfers of the territorial sovereignty 
of this State within the last two centuries, from the Iroquois 
and Lenape to the Dutch, from the Dutch to the English, and 
prior to their recognition of our independence, it will be seen 
that Spain and France, as well as England and Holland alter- 
nately claimed this territory. * * * 

By the coasts and harbours of New York, we shall under- 
stand its frontiers and sea-board boundaries as they were defined 
or controverted during our proprietary and colonial govern- 
ments, or as they are now settled. Consequently, they will 
partly comprise at the north, Lake Champlain, the rivers 
Sorelle and St. Lawrence ; eastwardly, parts of Vermont, 
15 



114 Copies of Documents Relating to tee 

Massachusetts, and Connecticut, as far as the river of that name, 
and as far as Nantucket, Martha's Vineyard, Elizabeth's Island, 
No Man's Land, Pemaquid, and the territories and islands 
adjacent, belonging to the Duke of York agreeably to the 
English eastern colonial boundary : or from Cape May to Cape 
Henlopen, according to the Dutch claim, or from Connecticut 
river to the Delaware, according to their possession : westerly, 
including New Jersey and part of Pennsylvania, until its 
western confines reached Lake Erie, Niagara, and Lake 
Ontario. * * * * 

— [Yates and Moultorfs Hist, of N. Y.,pp. 109, 110. 

[In N. Y. Committee of Safety.] 

Die Sabati, 10 ho. a. m., March 1, 1777. 
* * * * 

A letter from Brigr. Genl. Bailey, dated Newbury [Vt.], the 
19th February last, was read. 

Resolved, That a committee be appointed to state the boun- 
daries of New-York, and the titles and principles upon which 
they are founded. That they have power to search the State 
records, and to procure other necessary materials ; and to 
employ one or more surveyors, or geographers, to assist them 
in preparing a plan or chart of this State, and that they have 
power to send for persons and papers ; and that Mr. Duane, 
Mr. R. Yates, Mr. R. R. Livingston, Mr. Hobart and Mr. 
Taylor, be a committee for that purpose. 

Ordered, That the letter of Brigadier-General Bailey, be 

committed to the above named committee. 1 

■* * * * 

— [Journal of JV. F. Provincial Congress and of Committee 
of Safety, p.' 819. 

[In Congress], March 19, 1779. 
Congress took into consideration the report ot the com- 
mittee of the whole, and agreed the following ultimata : 
1. That the thirteen United States are bounded, north, by a 

1 We do not find a copy of Gen. Bailey's letter, nor does the above com- 
mittee seem to have reported. — [ P. 



Boundaries of the State of New York. 115 

line to be drawn from the north-west angle of Nova Scotia, 
along the high lands which divide those rivers which empty 
themselves into the river St. Lawrence from those which fall 
into the Atlantic ocean to the north-westernmost head of 
Connecticut river ; thence down along the middle of that 
river to the forty-fifth degree of north latitude ; thence due 
west in the latitude forty-five degrees north from the equator, 
to the north-westernmost side of the river St. Lawrence, or 
Cadaraqui ; thence strait to the south end of lake Nepissing ; 
and thence strait to the source of the river Mississippi : * * 
— [Secret Journals of Congress — Foreign Affairs, ii, 138. 

August 14, 1779. 

Congress proceeded in the consideration of the instructions 
to the minister to be appointed for negotiating a peace ; and 
unanimously agreed to the following draft of instructions to 
the commissioner to be appointed to negotiate a treaty of 
peace with Great Britain. 

Sir, 
You will herewith receive a commission, giving you full 
power to negotiate a treaty of peace with Great Britain, in 
doing which you will conform to the following information 
and instructions. 

* * * * 
3. The boundaries of these States are as follows, viz. 

(as recited above, verbatim). 

* * # * 
— [Idem, ii, 224, 225. 

January 26, 1780. 
Resolved That a committee of seven be appointed to receive 
the communications of the honourable the minister of France. 

* * * * 
—[Idem, ii, 299. 

January 31, 1780. 

Congress taking into consideration the foregoing communi- 
cations, 



116 Copies of Documents Relating to the 

Resolved, That the following answer be given to the com- 
munications of the honourable the minister plenipotentiary of 
France: * * * * 

The said committee report, That in a second conference 
with the honourable the minister plenipotentiary of France, 
he communicated to them — 

That his most christian majesty, 1 * * has signified 
to his minister plenipotentiary to the United States, that 
he wishes most earnestly for such an alliance ; and in order to 
make the way thereto more easy, has commanded him to 
communicate to the Congress certain articles which his catho- 
lick majesty deems of great importance to the interests of his 
crown, and on which it is highly necessary that the United 
States explain themselves with precision, and with such mode- 
ration as may consist with their essential rights. 

That the articles are — 

1. A precise and invariable western boundary to the United 
States. 

2. The exclusive navigation of the river Mississippi. 

3. The possession of the Floridas ; and 

4. The lands on the left or eastern side of the river Missis- 
sippi. 

That in the first article, it" is the idea of the cabinet of 
Madrid that the United States extend to the westward no far- 
ther than settlements were permitted by the royal proclama- 
tion bearing date the day of 1763. 

On the second, that the United States do not consider them- 
selves as having any right to navigate the river Mississippi, no 
territory belonging to them being situated thereon. 

On the third, that it is probable the king of Spain will con- 
quer the Floridas during the course of the present war ; and in 
such event, every cause of dispute relative thereto between 
Spain and these United States ought to be removed. 

On the fourth, that the lands lying on the east side of the 
Mississippi, whereon the settlements were prohibited by the 

'The King of Spain— [P. * 



Boundaries of the State of New York. 117 

aforesaid proclamation, are possessions of the crown of Great 
Britain, and proper objects against which the arms of Spain 
may be employed, for the purpose of making a permanent con- 
quest for the Spanish crown. * 
—[Idem, ii, 307, 309. 

John Jay to the President of Congress. 

Madrid, May 26, 1780 

* * * * 

If Congress remains firm, as I have no reason to doubt, 
respecting the Mississippi, I think Spain will finally be con- 
tent with equitable regulations, * * * 
— [Sparks' Diplomatic Correspondence, vii, 262. 

[In Congress], October 4, 1780. 
Congress unanimously agreed to the follow- 
ing instructions to the honourable John Jay, minister plenipo- 
tentiary of the United States of America at the court of Madrid. 
That the said minister adhere to his former instructions 
respecting the right of the United States of America to the 
free navigation of the river Mississippi into and from the sea ; 

* * * * 

That with respect to the boundary alluded to in his letter 
of the 26th of May last, 1 the said minister be and hereby is 
instructed to adhere strictly to the boundaries of the United 
States as already fixed by Congress. * * * 

— [Secret Journals of Congress — Foreign Affairs, ii, 323, 324. 

Instructions of Congress to Ministers Plenipotentiary 
Adams, Franklin, Jay, Laurens and Jefferson. 

June 15, 1781. 

* -x- * * 

You are to accede to no treaty of peace which shall not be 
such as may, 1st, effectually secure the independence and 
sovereignty of the thirteen states, * * * 

1 See Sparks' Dip. Corres., vii, 220-282.— [P. 



118 Copies of Documents Relating to the 

As to disputed boundaries and other particulars, we refer 
you to the instructions formerly given to Mr. Adams, dated 
14th August, 1779, and 18th October, 1780, from which you 
will easily perceive the desires and expectations of Congress ; 
but we think it unsafe, at this distance, to tie you up by abso- 
lute and peremptory directions upon any other subject than 
the two essential articles above mentioned. * * 

— [Secret Journals of Congress — Foreign Affairs, ii, 445. 

Articles agreed on between the American and British 
Commissioners. 

[Paris], October 8th, 1782. 
Articles agreed upon by and between Richard Oswald, the 
Commissioner of his Brittanic Majesty, * * and Ben- 
jamin Franklin and John Jay, * for treating of 

peace. 

* # * ■* 

The said States are bounded north, by a line to be drawn 
from the northwest angle of Nova Scotia, along the high 
lands, which divide those rivers which empty themselves into 
the river St Lawrence, from those which fall into the Atlantic 
ocean, to the northernmost head of Connecticut river ; thence 
down along the middle of that river to the fortyfifth degree 
of north latitude, and thence due west in the latitude forty- 
five degrees north from the equator, to the northwesternmost 
side of the river St Lawrence, or Cadaraqui ; thence straight 
to the south end of the lake Nipissing ; and thence straight to 
the source of the river Mississippi, * * 

— [Sparks' Dip. Corres., x, 88, 89. 

* * To be submitted to His Majesty's consideration. * * 
— [Idem, x, 92. 

Articles agreed to after the return of the first set, 
which had been sent to England, October 8, 1782. 

November 5th, 1782. 

Articles agreed to by and between Richard Oswald, * 

and John Adams, Benjamin Franklin, and John 



Boundaries of the State of New York. 119 

Jay, * * for treating of peace * * 

From the northwest angle of Nova Scotia, * * and 
along the said highlands to the northwesternmost head of 
Connecticut river, thence down along the middle of that river 
to the 45th degree of north latitude, following the said latitude 
until it strikes the river Mississippi ; * * * 

— [Idem, x, 94, 95. 

Thikd set of Articles : — fresh proposals of the British 

Ministry. 

November 25th, 1782. 

to the northwesternmost head of Con- 
necticut river, thence down along the middle of that river to 
the 45th degree of north latitude ; from thence by a line due 
west on said latitude until it strikes the river Iroquois or Cat- 
aroquy ; thence along the middle of said river into Lake 
Ontario, through the middle of said Lake until it strikes the 
communication by water between that Lake and Lake Erie ; 
thence along the middle of said communication, into Lake 
Erie, through the middle of said Lake, until it arrives at the 
water communication between that Lake and Lake Huron ; 
thence through the middle of the said Lake, to the water com- 
munication between that Lake and Lake Superior ; 
* * * * 

—[Idem, x, 101-3. 

Adams, Franklin, and Jay remained in Paris after the sig- 
nature of the preliminary articles, as Commissioners for mak- 
ing a Definitive Treaty. The English government sent David 
Hartley to Paris for the same purpose. Many propositions 
passed between the Commissioners of the respective countries, 
but after ten months' fruitless discussion, the Definitive Treaty 
was signed in the exact words of the Provisional Articles, on 
the 3d of September, 1783. 
—[Idem, x, 70. 



120 Copies of Documents Relating to the 

Commissioners Adams, Franklin, Jay and Laurens, to 
Robert R. Livingston. 

Paris December 14 1782. 

* # # # 
Remarks on Article 2d, Relative to Boundaries. 

The Court of Great Britain insisted on retaining all the 
territories comprehended within the Province of Quebec, by 
the Act of Parliament respecting it. * * It would be 
endless to enumerate all the discussions and arguments on the 
subject. 

We knew this Court and Spain to be against our claims to 
the western country, and having no reason to think that lines 
more favorable could ever have been obtained, we finally 
agreed to those described in this Article ; indeed they appear 
to leave us little to complain of, and not much to desire. 
Congress will observe, that although our northern line is in a 
certain part below the latitude of fortyfive, yet in others it 
extends above it, divides the Lake Superior, and gives us 
access to its western and southern waters, from which a line in 
that latitude would have excluded us. 

* # # *■ 
— [Idem, x, 117. 

Robert R. Livingston to the Commissioners. 

Philadelphia, March 25th, 1783. 
* * The boundaries are as extensive as we have a right 
to expect. * * * * 

—[Idem, x, 129. 

The American and British Commissioners met at Paris and 
commenced their negotiations in September, 1782. Mr. 
Adams and Mr. Laurens were not yet present, when, on the 
8th October, 1782, Dr. Franklin and Mr. Jay entered into a 
provisional arrangement with Mr. Oswald, to be submitted how- 
ever to his Britannic Majesty. The boundaries defined by 
that agreement are in the following words, viz: 

thence down along the middle of that river 



Boundaries of the State of New York. 121 

(Connecticut) to the forty-fifth degree of north latitude, and 
thence due west in the latitude forty -five degrees north from 
the Equator, to the north- westernmost side of the River St. 
Lawrence, or Cataraquy ; thence straight to the Lake Nipissing, 
and thence straight to the source of the River Mississippi ; * 

* * * * 

— [GaUatm's Memoir of N. E. Boundary of U. S.,p. 21. 
■* * * * 

It is well known that this boundary was rejected by Great 
Britain. * * * * 

The proposal, if acceded to, would have given nearly the 
whole of LTpper Canada to the United States. It was made 
in compliance with the resolutions of Congress of 1779, 1 
repealed indeed by those of 1781, 2 which last, however, still 
referred to those of 1779 as expressive of the wishes of Con- 
gress. 

* * * * 

—[Idem, p. 23. 

Award of the King of the Netherlands. 

January 10, 1831. 
% * * ■* 

There results from the line drawn under the Treaty of 1783 

through the great laktfs west of the river St. Lawrence, a 

departure from the ancient provincial Charters with regard to 

those boundaries. 

■TV 7\ TV ^V 

— [Bouchette 's British Dominions in N. A., i, 490. 

A. Sketch of the State of Opinions in the Old Congress, 

DRAWN UP BY Mr. MADISON. 

The two great objects, which predominate in the politics 
of Congress at this juncture 3 are Vermont and the Western 

Territory. 

* * * * 

1 Secret Journals, March 19, 1779, Aug. 14, 1779.— [P. 
' Secret Journals, June 15, 1781.— [P. 
'May 1, 1782.— [P. 

16 



122 Copies of Documents Relating to the • 

II. The territorial claims, particularly those of Virginia, 
are opposed by Rhode Island, New Jersey, Pennsylvania, 
Delaware, and Maryland. * * * * 

The western claims, or rather a final settlement of them, 
are also thwarted by Massachusetts and Connecticut. 

The general policy and interests of these two States 
are opposed to the admission of Vermont into the Union ; and, 
if the case of the Western territory were once removed, they 
would instantly divide from the Eastern States in the case of 
Vermont. Of this Massachusetts and Connecticut are not 
insensible, and therefore find their advantage in keeping the 
territorial controversy pending. Connecticut may likewise 
conceive some analogy between her claim to the Western 
country and that of Virginia. **■*.* 

The western claims [of Massachusetts and Connecticut] are 
opposed by Virginia, North Carolina, South Carolina, Georgia, 
and New York, all of these States being interested therein. 
South Carolina is the least so. The claim of New York is 
very extensive, but her title very flimsy. She urges it more 
with the hope of obtaining some advantage or credit by its 
cession, than of ever maintaining it. * * * 

— [Sparks' Life and Writings of Washington, viii, 547. 

[In Congress] Wednesday, October 15, 1777. 

Congress resumed the consideration of the article of con- 
federation under debate this morning ; whereupon it was 
moved, 

That, in order to render the present union and confederacy 
firm and perpetual, it is essential that the limits of each 
respective territorial jurisdiction should be ascertained by the 
articles of confederation ; and, therefore, it is recommended 
to the legislatures of every state to lay before Congress a 
description of the territorial lands of each of their respective 
states, and a summary of the grants, treaties, and proofs upon 
which they are claimed or established. 

New York, Pennsylvania and Maryland voted ay; the 
other states, no. " So it passed in the negative." 



Boundaries of the State of New York. 123 

It was then moved " that the United States in Congress 
assembled, shall have the sole and exclusive right and power 
to ascertain and fix the western boundary of such States as 
claim to the South-Sea " [Pacific Ocean], " and to dispose of 
all land beyond the boundary so ascertained, for the benefit of 
the United States ; question put, passed in the negative." 

It was then moved " that the United States, in Congress 
assembled, shall have the sole and exclusive right and power 
to ascertain and fix the western boundary of such states as 
claim to the Mississippi or South-Sea, and lay out the land 
beyond the boundary, so ascertained, into separate and inde- 
pendent states, from time to time, as the numbers and circum- 
stances of the people thereof may require." 

Only Maryland voted ay. " So it passed in the negative." 

The several. States in Congress assembled having thus 
denied the original jurisdiction of Congress in the case of 
State boundaries and their territorial extent, finally conceded 
an appellate jurisdiction, as appears from the following 
extract : 

Monday, October 27, 1777. 
* * * * 

Congress resumed the consideration of the article of con- 
federation, respecting the powers of Congress ; Whereupon, it 
was moved to strike out these words, " deciding all disputes 
and differences now subsisting or that hereafter may arise 
between two or more states concerning boundaries, jurisdic- 
tions or any other cause whatever," and instead thereof to 
insert " the United States in Congress assembled, shall also be 
the last resort on appeal in all disputes and differences now 
subsisting, or that hereafter may arise, between two or more 
States concerning boundary, jurisdiction, or any other cause 
whatever, which authority shall always be exercised in the 
manner following ;" * 

The resolution further proposes a course of procedure in 
case either party fails to attend at the day appointed and con- 



124 Copies of Documents Relating to the 

eludes with two provisos, one of which is " that no state 
shall be deprived of territory for the benefit of the United 
States." 

On the question of adopting this resolution, New Hamp- 
shire voted "no," South Carolina, "div" (divided), and the 
other States, " ay." "So it was resolved in the affirmative." 

April 29, 1778. 

The committee appointed to prepare proposals to such 
foreign officers and soldiers as incline to become citizens of 
America, brought in a report, which being read and amended, 
was agreed to as follows : 
To the officers and soldiers in the service of the king of Great 

Britain, not subjects of the said king : 

# * * * 
Townships, from twenty to thirty thousand acres of land, 

shall be laid out and appropriated to such of you as will come 
over to us, in the following manner. 

* * # * 

We now address you as part of the great family of mankind, 
whose freedom and happiness we most earnestly wish to pro- 
mote and establish. 

Disdain, then, to continue the instruments of frantick 
ambition and lawless power. Feel the dignity and importance 
of your nature. Rise into the rank of free citizens of free 
states. Desist from the vain attempt to ravage and depopulate 
a country you cannot subdue, and accept from our munificence 
what can never be obtained from our fears. * 

Hesolved, That it be recommended to the several states, 
who have vacant lands, to lay off with as much expedition as 
possible, a sufficient quantity of lands to answer the purposes 
expressed in the foregoing address ; for which lands no charge 
is to be made against the United States. 

On the question to agree to the foregoing address and reso- 



Boundaries of the State of New York. 125 

lution, six states voted ay, Rhode Island, Connecticut and 
New Jersey, no, and Maryland, dlv. 

So it was resolved in the affirmative. 

* * * * 

— [Secret Journals of Congress, i, 70, 71, 73, 74. 

Monday, June 22, 1778. 

* * * * 
Congress proceeded to consider the objections of the states 

to the articles of confederation ; whereupon, the delegates of 
Maryland read to Congress instructions they had just received 
from their constituents ; and moved, 

That the objections from the state of Maryland to the con- 
federation be immediately taken up and considered by Con- 
gress : * * question put, resolved in the affirmative. 

* * * * 

A third amendment was moved in behalf of Maryland, 

* * " the United States in Congress assembled, shall have 
the power to appoint commissioners, who shall be fully author- 
ized and empowered to ascertain and restrict the boundaries of 
such of the confederated states which claim to extend to the 
river Mississippi, or South Sea :" after debate, 

Resolved, That the consideration thereof be postponed until 

to-morrow. 

* * * * 

Tuesday, June 23, 1778. 

* * * * 

" On the question to agree, the yeas and nays being 
required," only Rhode Island, New Jersey, Pennsylvania, 
Delaware and Maryland voted ay. " So it passed in the 
negative." 

On the same day it was moved, in behalf of Rhode Island, 
" that all lands within these states, the property of which, before 
the present war, was vested in the crown of Great-Britain, 

* * shall be deemed, taken and considered as the property 
of these United States, and be disposed of and appropriated 



126 Copies of Documents Relating to the 

by Congress for the benefit of the whole confederacy, reserving, 
however, to the states within whose limits such crown lands 
may be, the entire and complete jurisdictions thereof: question 

put, passed in the negative, 1 aye, 9 noes." 

* * * * 

Thursday, June 25, 1778. 

* * * # 

" Congress took into consideration the representation from 
New Jersey, on the articles of confederation," of which the 
following is an extract : 

It was ever the confident expectation of this state, that 
the benefits derived from a successful contest, were to be general 
and proportionate ; and that the property of the common 
enemy, * * would belong to the United States, and be 
appropriated to their use. We are therefore greatly disap- 
pointed in finding no provision made in the confederation for 
empowering the Congress to dispose of such property, but 
especially the vacant and impatented lands, commonly called 
the crown lands, for defraying the expenses of the war, and for 
such other public and general purposes. The jurisdiction 
ought in every instance to belong to the respective states within 
the charter or determined limits of which such lands may be 
seated ; but reason and justice must decide, that the property 
which existed in the crown of Great-Britain, previous to the 
present revolution, ought now to belong to the Congress, in 
trust for the use and benefit of the United States. They have 
fought and bled for it, in proportion to their respective abilities, 
and therefore the reward ought not to be predilection ally dis- 
tributed. Shall such states as are shut out by situation from 
availing themselves of the least advantage from this quarter, 
be left to sink under an enormous debt, whilst others are 
enabled, in a short period, to replace all their expenditures 
from the hard earnings of the whole confederacy ? 

The same " representation " contains the following para- 
graph : 

The boundaries and limits of each state ought to be fully 



Boundaries of the State of New Yore. 127 

and finally fixed and made known : this we apprehended would 
be attended with very salutary results, by preventing jealousies 
as well as controversies, and promoting harmony and confi- 
dence among the states. If the circumstances of the times 
would not admit of this, previous to the proposal of the 
confederation to the several states, the establishment of the 
principles upon which, and the rule and mode by which the 
determination might be conducted, * * * would be 
satisfactory. 

Upon a motion to reconsider the several articles in the con- 
federation, so far as to admit the purport of the amendments in 
the said representation of New Jersey, the question being put, 
it passed in the negative, " 3 ayes, 6 noes, 1 divided." 

Thursday, July 9, 1778. 

* * * -x- 

- The ratification of the articles of confederation, engrossed 
on a roll of parchment, being laid before Congress, * * 
was signed, on the part and in behalf of their respective states, 
by the delegates of New-Hampshire, Massachusetts-Bay, Rhode- 
Island and Providence Plantations, Connecticut, New- York, 
Pennsylvania, Virginia, and South-Carolina, agreeably to the 
powers vested in them. 

The delegates of the states of New-Jersey, Delaware, and 
Maryland, informed Congress that they have not yet received 
powers to ratify and sign. 

North Carolina, whose legislature has ratified the articles of 
confederation, and the State of Georgia, were not at this time 

represented in Congress. 

* * * ■* 

Friday, July 10, 1778. 

* * * * 

The committee appointed to prepare a circular letter to the 
states in this union, who have not hitherto authorized their 
delegates to ratify the confederation, brought in a draft, which 
being read and amended, was agreed to as follows : 

Sir : Congress, intent upon the present and future security 



128 Copies of Documents Relating to the 

of these United States, has never ceased to consider a con- 
federacy as the great principle of union, which can alone 
establish the liberty of America and exclude forever the hopes 
of its enemies. Influenced by considerations so powerful, and 
duly weighing the difficulties, which oppose the expectation 
of any plan being formed, that can exactly meet the wishes 
and obtain the approbation of so many states, differing 
essentially in various points ; Congress have, after mature 
deliberation, agreed to adopt, without amendments, the con- 
federation transmitted to the several states for their approbation. 
The states of New-Hampshire, Massachusett-Bay, Rhode-Island 
and Providence Plantations, Connecticut, New-York, Pennsyl- 
vania, Virginia, North-Carolina, and South-Carolina, have rati- 
fied the same, and it remains only for your state with those 
of to conclude the glorious compact, which, by 

uniting the wealth, strength, and councils of the whole, may 
bid defiance to external violence and internal dissensions, 
whilst it secures the public credit both at home and abroad. 
Congress is willing to hope that the patriotism and good sense 
of your state will be influenced by motives so important, 
and they request, sir, that you will be pleased to lay this letter 
before the legislature of in order that, if they judge 

it proper, their delegates may be instructed to ratify the con- 
federation with all convenient dispatch; trusting to future 
deliberations to make such alterations and amendments as 
experience may show to be expedient and just. I have the 
honor to be, &c." * * * 

Friday, July 24, 1778. 
* * * * 

Pursuant to the powers in them vested, the delegates of 
Georgia signed the ratification of the confederation. 



Thursday, November 26, 1778. 
The delegates of New Jersey signed the ratification of the 
articles of confederation, in pursuance of the powers to them 



Boundaries of the State of New Yoke. 129 

granted by an act passed November 20, 1778, the preamble of 
which is in the following words : 

And whereas notwithstanding the terms of the said articles 
of confederation and perpetual union are considered as in 
divers respects unequal and disadvantageous to this state, and 
the objections to several of the said articles lately stated and 
sent to the general Congress aforesaid, on the part of this 
state, are still viewed as just and reasonable, and sundry of 
them as of the most essential moment to the welfare and hap- 
piness of the good people thereof; yet, under the full convic- 
tion of the present necessity of acceding to the confederacy 
proposed, and that every separate and detached state interest 
ought to be postponed to the general good of the union ; and 
moreover, in firm reliance that the candour and justice of the 
several states will, in due time, remove as far as possible the 
inequality which now subsists : 

Sect. 1. Be it enacted [etc.]. 
— [Secret Journals of Congress, i, 421. 

Wednesday, January 6, 1779. 

The delegates of Maryland laid before Congress a declara- 
tion of that state, relative to the confederation. * 
Ordered, that the consideration thereof be postponed. 



The said declaration is, in part, as follows : 

BY THE STATE OF MARYLAND. 

A Declaration. 

Whereas the general assembly of Maryland hath heretofore 
resolved " That the delegates from this State should be 
instructed to remonstrate to the congress, that this state 
e6teem it essentially necessary for rendering the Union lasting, 
that the United States in congress assembled should have full 
power to ascertain and fix the western limits of those states 
that claim to the Mississippi or South Sea." 

"That this state considered themselves justly entitled to a 
17 



130 Copies of Documents Relating to the 

right in common with the other members of the Union, to 
that extensive tract of country which lies to the westward of 
the frontiers of the United States, the property of which was 
not vested in, or granted to individuals at the commencement 
of the present war : That the same had been or might there- 
after be gained from the King of Great Britain, or the native 
Indians by the blood and treasure of all, and ought therefore 
to be a common estate to be granted out on terms beneficial 
to all the United States, and that they should use their utmost 
endeavors that an article to that effect be made a part of the 
confederation. 

* # * # 

Which resolves, remonstrance, and instructions were by our 
delegates laid before congress, and the objections therein 
made to the confederation were submitted in writing to their 
consideration, and the several points fully discussed and 
debated, and the alterations and amendments proposed by our 
delegates to the confederation in consequence of the aforesaid 
instructions by us to them given, were rejected, and no satis- 
factory reasons assigned for the rejection thereof. 

We do therefore declare that we esteem it fundamentally 
wrong and repugnant to every principle of equity and good 
policy, on which a confederation between free, sovereign and 
independent states ought to be founded ; that this or any 
other state entering into such confederation, should be bur- 
thened with heavy expences for the subduing and guar ran tee- 
ing immense tracts of country, if they are not to share any 
part of the monies arising from the sales of the lands within 
those tracts, or be otherwise benefited thereby. 

We declare that we mean not to subject ourselves to such 
guarranty nor will we be responsible for any part of such 
expense, unless the third article [establishing a firm league of 
friendship for the common defence] and proviso [to the ninth, 
according to which no State was to be deprived of territory for 
the benefit of the United States], aforesaid be explained so 
as to prevent their being hereafter construed in a manner 
injurious to this state. * * * 



Boundaries of the State of New York. 131 

We declare that we will accede to the confederation, pro- 
vided an article or articles be added thereto, giving full power 
to the United States in congress assembled to ascertain and 
fix the western limits of the states claiming to extend to the 
Mississippi, or South Sea, and expressly reserving or securing 
to the United States a right in common in, and to all the lands 
lying to the westward of the frontiers as aforesaid, not granted 
to, surveyed for, or purchased by individuals at the commence- 
ment of the present war. * * * 

We entered into this just and necessary war to defend our 
rights against the attacks of avarice and ambition, * * 
and we are resolved to continue * * until Independence 
is firmly established. * * If the enemy encouraged by 
the appearance of divisions among us, and the hope of our not 
confederating, should carry on hostilities longer than they 
otherwise would have done, let those be responsible for the 
prolongation of the war, and all its consequent calamities, who 
by refusing to comply with requisitions so just and reasonable 
have hitherto prevented the confederation from taking place. 
* # * # 

By the House of Delegates, 

December 15, 1778. 
By the Senate, 

December 15, 1778. 
— [Uenin^s ( Va.) Statutes at Large, x, 549-552. 

Tuesday, February 16, 1779. 

Mr. M'Kean, a delegate for Delaware, laid before Con- 
gress the following instrument, empowering the delegates of 
that state, or any of them, to ratify and sign the articles of 
confederation : 

■s # * * 

Whereas articles of confederation and perpetual union be- 
tween the states * * have been laid before the legislature 
of this state, to be ratified by the same if approved : and, 
whereas, notwithstanding the terms of the articles of confede- 
ration and perpetual union are considered as in divers respects 



132 Copies of Documents Relating to the 

unequal and disadvantageous to this state, and. the objections 
stated on the part of this state are viewed as just and reason- 
able, and of great moment to the welfare and happiness of the 
good people thereof, yet, under the full conviction of the 
present necessity of acceding to the present confederacy pro- 
posed, and that the interest of particular states ought to be 
postponed to the general good of the union ; and moreover, in 
firm reliance that the candour and justice of the several states 
will, in due time, remove as far as possible, the objectionable 
parts thereof: 

Be it enacted * * that the * delegates 

appointed to represent this state in Congress, or any one or 
more of them, be, and they hereby are authorized, empowered, 
and directed, on behalf of this state, to subscribe and ratify 
the said articles of confederation and perpetual union. * * 

Monday, February 22, 1779. 
* * * * 

In pursuance of the powers vested in him, Mr. M'Kean, a 
delegate from the state of Delaware, signed and ratified the 
articles of confederation in behalf of that state. 

Tuesday, February 23, 1779. 

The delegate of Delaware laid before Congress sundry reso- 
lutions passed by the council of that state, January 23, 1779, 
respecting the articles of confederation and perpetual union, 
and concurred in by the house of assembly, January 28, 1779, 
previous to their passing a law to empower their delegates to 
sign and ratify the said articles of confederation and perpetual 
union. 

On which it was moved, that the same be filed : To which it 
was moved, as an amendment, to add, " Provided, that it shall 
never be considered as admitting any claim by the same set up 
or intended to be set up." 

The motion thus amended was adopted, New Jersey, Dela- 
ware and Maryland voting no. 



Boundaries of the State of New York. 133 

The said resolutions of Delaware are as follows : 

Resolved, That this state think it necessary for the peace 
and safety of the states to be included in the union ; that a 
moderate extent of limits should be assigned for such of those 
States as claim to the Mississippi or South Sea ; and that the 
United States in Congress assembled, should and ought to have 
the power of fixing their western limits. 

Resolved also, That this state consider themselves justly enti- 
tled to a right, in common with the members of the union, to 
that extensive tract of country which lies to the westward of the 
frontiers of the United States, the propert}^ of which was not 
vested in, or granted to, individuals at the commencement of 
the present war : That the same hath been, or may be, gained 
from the king of Great Britain, or the native Indians, by the 
^lood and treasure of all, and ought therefore to be a common 
estate, to be granted out on terms beneficial to the United States. 

Resolved also, That the courts of law established within 
this state are competent for the purpose of determining all 
controversies concerning the private right of soil claimed 
within the same ; and they now, and at all times hereafter, 
ought to have cognizance of such controversies: That the 
indeterminate provision proposed in the ninth article of the 
confederation for deciding upon controversies that may arise 
about some of those private rights of soil tends to take away 
such cognizance, and is contrary to the declaration of rights of 
this state; and therefore ought to receive an alteration. 
* * * * 

Resolved, That notwithstanding the terms of the articles of 
confederation aforesaid are considered as in divers respects 
unequal and disadvantageous to this state, and the objections 
in the report of the committee of this house, and the resolves 
made thereon, are viewed as just and reasonable, and of great 
moment to the welfare and happiness of the good people 
thereof; yet, under the full conviction of the present necessity 
of acceding to the confederacy proposed, and in firm reliance 
that the candour and justice of the several states will in due 
time remove as far as possible the objectionable parts thereof, 



134 Copies of Documents Relating to the 

the delegates appointed to represent this state in Congress, 

or any one or more of them, be authorized, empowered and 

directed, on behalf of this state, to subscribe and ratify the said 

articles of confederation, * * and that the said articles, 

when so subscribed and ratified, shall be obligatory on this 

state. 

— [Secret Journals of Congress, i, 429, 430. 

While several of the States, and particularly Maryland, 
strenuously insisted, as above shown, that Congress should 
assume and exercise the right of property in the unsettled 
western lands claimed by several of the individual States, 
other States, especially Virginia, continued the sale of these 
lands, and earnestly remonstrated against any interference, 
whether by a corporation or by Congress, as appears from 
the following records : 

Tuesday, September 14, 1779. 
* * * -x- 

A memorial of the proprietors of a tract of land called 
Indiana, signed on behalf of the proprietors, and as their 
agent, by George Morgan, was read, stating " that on the 3d 
day of November, 1768, at a general Congress with the Six 
Nations and other Indians, held at Fort-Stanwix, in considera- 
tion of the sum of £85,619 10 8, the amount of the value of 
the damages sustained by the traders, the said Six United and 
Independent Nations, the true and absolute owners and pro- 
prietors, did grant a tract of land called Indiana, described as 
follows, viz. * * that the said tract of land, thus obtained 
for so valuable a consideration, and with every circumstance 
of notoriety and authority that can give validity to any grant, 
was afterwards, (as being included within the bounds of a 
larger tract of land called Vandalia,) by order of the King of 
Great-Britain in council, before the declaration of the inde- 
pendency of these United States, separated from the dominion 
tract of country cannot remain subject to the jurisdiction of 
which, in right of the crown, Virginia claimed over it. 



Boundaries of the State of New York. 135 

And therefore the memorialists are advised, that the said 
Virginia or any particular state, but of the whole United 
States in Congress assembled : that some acts of the state of 
Virginia, directing the sale of the lands in question, to com- 
mence in October next, for the particular benefit of that state, 
seem intended to prevent and defeat the interposition of Con- 
gress, and therefore praying this honourable house to take the 
distressed case of the memorialists into speedy consideration, 
and that such order may be directed as may be thought proper 
to stay Virginia in the sale of the lands in question, till Vir- 
ginia, as well as the memorialists, can be heard before this 
honourable house, and the whole rights of the owners of the 
tract of land called Vandalia, of which Indiana is a part, shall 
be ascertained in such a manner as may tend to support the 
sovereignty of the United States and the just rights of the 
individuals therein." 

Also a memorial of William Trent, in behalf of Thomas 
Walpole and his associates, claiming a right to the tract of 
land called Vandalia, was read. 

A motion was adopted that the aforesaid memorial signed 

by George Morgan be referred to a committee of five. 

Friday, October 8, 1779. 

Congress proceeded to the election of a committee on the 
foregoing memorial of George Morgan, and ordered that the 
petition of William Trent before mentioned, be referred to 
the same committee. 

The committee was instructed to enquire into the founda- 
tion of an objection made by the Virginia delegates to the 
jurisdiction of Congress on the subject matter of the said 
petition and memorial. 

Friday, October 29, 1779. 
* * * * 

The committee to whom were referred the memorial of G. 

Morgan and the petition of William Trent, beg leave to 

report, that they have read over and considered the state of 



136 Copies of Documents Relating to the 

facts given in by the delegates of Virginia, and cannot find 
any such distinction between the question of jurisdiction of 
Congress, and the merits of the cause, as to recommend any 
decision upon the first separately from the last ; that they 
recommend to Congress the following resolution, that, con- 
sidering the present incomplete state of the confederation, it 
be recommended to the state of Virginia, and every other 
state in similar circumstances, to suspend the sale, grant, or 
settlement of any land unappropriated at the time of the 
declaration of independence, until the conclusion of the war. 
* * * * 

Saturday, October 30, 1779. 

The following resolution was adopted, Virginia and North- 
Carolina, voting no, and New York, div : 

Whereas the appropriation of vacant lands by the several 
states during the continuance of the war will, in the opinion 
of Congress, be attended with great mischiefs ; therefore, 

Resolved, That it be earnestly recommended to the state 
of Virginia, to re-consider their late act of assembly for open- 
ing their land-office ; and that it be recommended to the said 
state, and all other states similarly circumstanced, to forbear 
settling or issuing warrants for unappropriated lands, or grant- 
ing the same during the continuance of the present war. 

VIRGINIA, to wit: 

In General Assembly the 14th December, 1779. 

The Remonstrance of t/ie General Assembly of Virginia, to 
the delegates of the United American States in Congress 
assembled. 

* * The general assembly of Virginia cannot avoid 
expressing their surprize and concern, upon the information 
that congress had received and countenanced petitions from 
certain persons stiling themselves the Vandalia and Indiana 
company's, asserting claims to lands in defiance of the civil 
authority, jurisdiction and laws of this commonwealth, and 
offering to erect a separate government within the territory 



Boundaries of the State of New York. 137 

thereof. Should congress assume a jurisdiction * * super- 
seding or controuling the internal policy, civil regulations, and 
municipal laws of this or any other state, it would be a viola- 
tion of public faith, introduce a most dangerous precedent 
* * and establish in congress a power which in process of 
time must degenerate into an intolerable despotism. 

But altho' the general assembly of Virginia 
would make great sacrifices to the common interest of 
America, * * and will be ready to listen to any just and 
reasonable propositions for removing the ostensible causes of 
delay to' the complete ratification of the confederation, they 
find themselves impelled by the duties which they owe to their 
constituents, to their posterity, to their country, and to the 
United States in general, to remonstrate and protest ; * * 
against any jurisdiction or right of adjudication in congress, 
upon the petitions of the Vandalia or Indiana company's, or 
on any other matter or thing subversive of the internal policy, 
civil government, or sovereignty of this or any other of the 
United American States, or unwarranted by the articles of the 
confederation. 
— [Hen/brig's ( Va.) Statutes at Large, x, 557-559. 

Important Letter from General Philip Schuyler, as 
Delegate in Congress, to the N. Y. Legislature. 

Albany January 29' A , 1780. 
Gentlemen. 

Concieving it my Duty as a servant of the State to advise 
the Legislature of any Occurrences in Congress which may 
immediately affect either the Honor or the Weal of the State, 
I beg Leave to inform the honorable Houses in which you 
respectively preside of some Matters which I intended to have 
conveyed thro' his Excellency the Governor, supposing that 
to be the proper Channel of Communication: but was pre- 
vented by his leaving the City, and as I humbly concieve the 
Subject worthy the immediate Attention of the Legislature 
and that Evils may possibly arise from Delay, I have taken 
the Liberty to address myself to you, trusting that his Excel- 
18 



138 Copies of Documents Relating to the 

lency's Candor and that of the Legislature will excuse the 
Impropriety if it should be deemed one. 

Deeply impressed with a Sense of the intrinsic Advantages 
which would probably result to the United States in general, 
and this in particular, from a perfect and permanent Recon- 
ciliation with an Enemy so formidable to a weak and extensive 
Frontier as fatal Experience has evinced the Indians to be, to 
whom Distance of Situation seems no great Obstacle to pre- 
vent or retard their Incursions; reflecting, with the most 
anxious Concern, on the Desolation and Yariety of Distress 
incident on a Savage War; apprehensive that they would con- 
sider themselves without any Alternative but that of recom- 
mencing Hostilities ; dreading the Effects of a consequent 
Desperation on their part ; firmly believing that the greatly 
deranged State of the public Finances would render it exceed- 
ingly difficult to procure the necessary Supplies for that Army 
only which must keep the Enemy's Force on the Sea Board in 
Check ; doubtful whether detachments of sufficient Force to 
protect the Frontiers could be spared from our Army whilst 
the British retained their present position ; aware of the Dis- 
tresses and Expence incident on calling forth the Militia for 
the purpose ; convinced that an Obstacle of very interesting 
Importance would be removed if Events should happily arise 
which would permit us to turn our Attention to the Reduction 
of Canada or the Enemies Fortresses in the interior parts of 
the Country; persuaded that no farther offensive Operations 
could be prosecuted agafnst the Savages with any probable 
prospect of adequate Advantage I embraced the earliest 
opportunity to advise Congress of the Overtures made by the 
Cayugas, and took the liberty strongly to point at the Neces- 
sity of an Accommodation with all the Savages : but not being 
honored with an Answer as early as the Importance of the 
Object seemed to require, and wishing to improve the Advan- 
tage which the first Impulse occasioned by the Disaster the 
Indians had experienced would probably afford us, I hastened 
to Congress to sollicit their Determination which was obtained 



Boundaries of the State of New York. 139 

on the November last, Copy whereof I have the Honor 

to enclose. 

Whilst the Keport of the Committee on the Business I have 
alluded to was under Consideration a Member moved in sub- 
stance "That the Commissioners for Indian Affairs in the 
" Northern Department should require from the Indians of the 
" six Nations, as a preliminary Article, a Cession of part of 
" their Country, and that the Territory so to be ceded should be 
" for the Benefit of the United States in general <fc grantable 
" by Congress." A Measure so evidently injurious to this State 
exceedingly alarmed and chagrined those whose Duty it was 
to attend to its Interests. They animadverted with Severity 
on the unjustifiable principle held up in the Motion ; the per- 
nicious Consequence of divesting a State of its undoubted 
property in such an extrajudicial Manner was forcibly urged; 
the Apprehensions with which it would nil and affect the 
Minds of a people who had been as firm in the present glori- 
ous Contest; who had made more strenuous and efficacious 
Exertions to support it ; had suffered more and still suffered 
as much as any were strongly painted. The Improbability 
that the Indians would accede to a Reconciliation when such a 
preliminary was insisted upon was observed by many Mem- 
bers & urged on a Variety of Considerations. The Gentle- 
men in Favor of the Motion attempted to support it on the 
general Ground that what was acquired or conquered at the 
common Expence ought to enure to the common Benefit : that 
the Lands in Question, altlio' they might be comprehended 
within the Limits of the State of New York (which however 
was not acknowledged) was not the property of the State, that 
being either in the Natives or by Right of Conquest in the 
United States. The Motion was nevertheless after some far- 
ther desultory Debate rejected : but from what drop'd in the 
Debate we had Reason to apprehend that several who were 
opposed to the Motion founded their Opposition on the Neces- 
sity of a Reconciliation with the Indians, against which, they 
imagined the Spirit of the Motion would militate — and we 
had a few Days after a convincing proof that an Idea prevailed 



140 Copies of Documents Relating to the 

that this and some other States ought to be divested of part 
of their Territory for the Benefit of the United States, when 
a Member afforded us the perusal of a Resolution for which 
he intended to move the House purporting- "that all the 
" Lands within the Limits of any of the United States, hereto- 
" fore gran table by the King of Great Britain whilst these 
" States (then Colonies) were in the Dominion of that prince, 
" and which had not been granted to Individuals should be con- 
" sidered as the joint property of the United States and disposed 
" of by Congress for the Benefit of the whole Confederacy." 
The Necessity and propriety of such an Arrangement was 
strenuously insisted upon, in private Conversation, and even 
supported by Gentlemen who represented States in Circum- 
stances seemingly similar to ours with Respect to the Object 
of the intended Resolution. It was observed that if such 
States whose Bounds were either indefinite or were pretended 
to extend to the South Seas would consent to a reasonable 
Western Limitation, that it would supercede the Necessity of 
any intervention by Congress other than that of permanently 
establishing the Bounds of each State : prevent Controversy 
and remove the Obstacle which prevented the Completion of 
the Confederation. As this State would be eminently affected 
by such a Measure it was deemed of Importance as fully to 
investigate their Intentions as could be done consistent with 
that Delicacy and prudence to be observed on so interesting 
an Occasion and a Wish was accordingly expressed, as arising 
from mere Curiosity, to know their Idea of a reasonable West- 
ern Limitation. This they gave by exhibiting a Map of the 
Country, on which they drew a Line from the North west Cor- 
ner of Pennsylvania (which on that Map was laid down as in 
Lake Erie) thro' the Strait that leads to Ontario and thro' that 
Lake and down the S*. Lawrence to the forty-fifth Degree of 
Latitude for the Bounds of this State in that Quarter. Vir- 
ginia, the two Carolinas and Georgia they proposed to restrict 
by the Alleghany Mountains, or at farthest by the Ohio to 
where that River enters the Mississippi and by the latter River 
to the south Bounds of Georgia — That all the Territory to the 



Boundaries of the State of New York. 141 

west of those Limits should become the property of the Con- 
federacy. We found this Matter had been in Contemplation 
some Time, the Delegates from North Carolina having then 
already requested Instructions from their Constituents on the 
Subjects, and my Colleagues were in Sentiment with me that 
it should be humbly submitted to the Legislature, if it would 
not be proper to communicate their pleasure in the premises 
by Way of Instruction to their Servants in Congress. 
I am 

gentlemen 

with great respect 
& esteem 

Your most obedient 
Humble Servant, 

PH: SCHUYLER. 

The Honble Pierre Van Cortlandt and 
Evert P>anker Esq". 

— [N. Y. Legis. Papers {MS., in State Library), No. 1544. 

[In N. Y. Senate.] 

Tuesday Morning, February 1, 1780. 
* * # * 

A Letter from the Honorable Philip Sehuyler, Esq ; a 
Delegate from this State in Congress, dated at Albany, the 
29th of January last, and directed to the Legislature, was 
received and read. 

Resolved, That Mr. Piatt, Mr. Paine, and Mr. Yates, be a 

Committee of this Senate, to meet such Committee of the 

■ Honorable the House of Assembly, as they shall think proper 

to appoint for the Purpose, to consider of, and report the steps 

proper to be taken by the Legislature, on the said Letter. 

Ordered, That Mr. Fonda carry a Copy of the aforegoing 
Resolution to the Honorable the House of Assembly. 



142 Copies of Documents Relating to the 

[In Assembly.] 

Tuesday, 9 o' Clock, A. M., February 1, 1780. 

* * * * 

A Copy of a Resolution of the Honorable the Senate, deliv- 
ered by Mr. Fonda, with the Letter therein mentioned, was 
read, and is in the Words following, to wit, 

" In Senate, February 1, 1780. 

" Resolved" [etc. as above, except that the last two words, 
" said Letter," are replaced by the words, " the Letter from 
the Honorable Philip Schuyler, Esq ; one of the Delegates 
from this State in Congress."] 

The said Letter was then read. 

Ordered, That Mr. Harpur, Mr. Brasher, Mr. Bay, Mr. 
Vrooman, and Mr. Benson, be a Committee of this House, to 
meet the said Committee of the Honorable the Senate, for the 
Purposes in the said Resolution of the Senate mentioned. 

Ordered, That Mr. Brasher and Mr. Jay carry a Copy of 

the last Resolution to the Honorable the Senate. 

* * * * 

[In Senate.] 

Thursday Afternoon, February 3, 1780. 

* -x- * * 

A Message from the Honorable the House of Assembly, by 
Mr. Hopkins 1 and Mr. Grover, 1 was received; informing, 
That Mr. Harpur, Mr. Brasher, Mr. Bay, Mr. Vrooman, and 
Mr. Benson, are appointed a Committee of that Honorable 
House, to meet the Committee of this Senate, to consider of, 
and report the Steps proper to be taken by the Legislature, on 
the Letter from the Honorable Philip Schuyler, Esq ; 

* * * * 

Saturday Mornlng, February 5, 1780. 

* * * * 

Mr. Piatt, of the Committee of this Senate, of the joint 
Committee of the Senate and Assembly, to whom was refer- 

1 A new Committee seems to have been appointed to deliver this message, 
though no entry to this effect appears on the Journal. — [ P. 



Boundaries of the State of New York. 143 

red the Letter from the Honorable Philip Schuyler, Esq ; 
reported, That the Committee had prepared the Draft of a 
Bill, for facilitating the Completion of the Articles of Con- 
federation and perpetual Union among the United States of 
America ; and that they had directed him to move for Leave 
to bring in the same. 

Ordered, That Leave be given accordingly. 

Mr. Piatt accordingly brought in the said Bill, which was 
read the first Time, and ordered a second Reading. 



Monday Morning, February 7, 1780. 
* • * * * 

The Bill, entitled, " An Act to facilitate the Completion of 
the Articles of Confederation and perpetual Union among the 
United States of America ; " was read the second Time, and 
committed to a Committee of the Whole. 



[In Assembly.] 

Tuesday, 9 o' Clock, A. M., February 8, 1780. 
* * * * 

Mr. Harpur, from the Committee of this House, of the 
joint Committee of the Senate and Assembly, to whom was 
referred the Letter from the Honorable Philip) Schuyler, Esq ; 
one of the Delegates from this State in Congress, reported, 
That the joint Committee had prepared the Draft of a Bill, 
to facilitate the Completion of the Articles of Confederation 
and perpetual Union among the United States of America : 
And that it was concluded in the said joint Committee, that 
the said Bill should originate in Senate. 



144 Copies of Documents Relating to the 

[In Senate.] 

Tuesday Afternoon, February 8, 1780. 

* * * * 

Mr. Piatt, from the Committee of the Whole, on the Bill, 
entitled, [as above], reported that they had gone through the 
Bill, and agreed to the same without Amendment. 

Ordered, That the Bill be engrossed. 

* * * * 

Wednesday Afternoon, February 9, 17S0. 

* * * * 

The engrossed Bill, entitled, [as above], was read the third 
Time. 

Resol/oed, That the Bill do pass. 

Ordered, That Mr. RoseveU carry the Bill to the Honor- 
able the House of Assembly, and request their Concurrence 
thereto. 



[In Assembly.] 

Thursday, 9 d> Clock, A. M., February 10, 1780. 
* * * * 

A Message from the Honorable the Senate, was delivered 
by Mr. Roosevelt, with the Bills therein mentioned, that the 
Senate have passed a Bill, entitled, * * : And a Bill, 
entitled, " An Act to facilitate" [etc., as above] ; and request 
the Concurrence ot' this House to the said Bills respectively. 

The said Bills were respective! j T read the first Time, and 
ordered a second Beading. 



Friday, 3 a' Clock, P. M., February 11, 1780. 

* * * * 

The Bill, entitled, [as above] ; was read a second Time, and 
committed to a Committee of the Whole House. 

* * * * 



Boundaries of the State of New York. 145 
Saturday, 3 o'Cloch, P. M., February 12, 1780. 

* •:■:- * # 

Mr. EFumfrey, from the Committee of the whole House, on 
the Bill, entitled, [as above], reported, That the Committee 
had grone through the said Bill, and made an Amendment 
thereto ; which they had directed him to report to the House ; 
and he read the Report in his Place, and delivered the Bill, 
and Amendment, in at the Table, where the same were again 
read, and agreed to by the House. 

The said Bill, with the Amendment, was then read the third 
Time. 

Jl< solved, That the Bill, and Amendment, do pass. 

Ordered, That Mr. Smith, and Mr. Quackenbos carry back 
the said Bill to the Honorable the Senate ; and inform them 
that this House have passed the same, with the Amendment 

therewith delivered. 

* # * # 

[In Senate.] 

Monday Morning, February 14, 1780. 
■* * * * 

A Message from the Honorable the House of Assembly, by 
Mr. Smith and Mr. Quackenbos, was received, with the Bill, 
entitled, [as above], informing, that they had passed the Bill, 
with the Amendment therewith delivered. 

The said Amendment being read, and taken into Considera- 
tion, was agreed to, and the Bill was amended accordingly. 

Ordered, That Mr. Piatt return the Bill to the Honorable 
the House of Assembly ; and inform them that the Senate 
have agreed to the Amendment thereto, and that the same is 

amended accordingly. 

* # ■* # 

[In Assembly.] 

Monday, 9 d Clock, A. M., February 14, 1780. 
-* * # * 

A Message from the Honorable the Senate, was delivered 
by Mr. Piatt, with the Bill therein mentioned, that the Sen- 
19 



146 Copies of Documents Relating to the 

ate have agreed to the Amendment to the Bill, entitled, [as 
above] ; and amended the same accordingly. 

The said Bill, and Amendment, being examined ; and it 
appearing thereby that the Amendment is truly made : 

Ordered, That Mr. Humfrey, and Mr. Day return the said 
Bill to the Honorable the Senate. 

* * * * 

[In Senate.] 

Monday Afternoon, February 14, 1780. 

* * * * 

A Message from the Honorable the House of Assembly, by 
Mr. Humfrey and Mr. Day, was received, returning the Bill, 
entitled, [as above]. 

Ordered, That Mr. Parks carry the Bill to the Honorable 
the Council of Revision. 

* * * * 

Tuesday Morning, February 15, 1780. 

* * * * 
Ordered, That Mr. Piatt, Mr. Ten Broeck and Mr. Yates 

be a Committee to prepare and report a Draft of Instructions 
to the Delegates from this State in Congress. 

* * * * 

Wednesday Morning, February 16, 1780. 

Mr. Piatt, from the committee for the Purpose appointed, 
reported a Draft of Instructions to the Delegates of this State 
in Congress ; which he read in his Place, and delivered in at 
the Table, where it was again read, and considered by Para- 
graphs ; and the same being again read, was agreed to. 

Ordered, That Mr. Piatt carry the said Draft of Instructions 
to the Honorable the House of Assembly, and request their 
Concurrence thereto. 



Boundaries of the State of New York. 147 

[In Assembly.] 

Wednesday, 9 o" 1 Clock A. M. February 16, 1780. 

* * * * 

A Message from the Honorable the Senate, was delivered 
by Mr. Piatt, with the Draft of Instructions therein mentioned, 
that the Senate have prepared a Draft of Instructions to the 
Delegates of this State in Congress, and request the Concur- 
rence of this House. 

The said Draft of Instructions to the Delegates of this State 
in Congress, was read, and committed to a Committee of the 
whole House. 

* * * * 

Thubsday, 9 o'Clock A. M. February 17, 1780. 

Mr. Moffat, from the Committee of the whole House, on 
the Draft of Instructions to the Delegates of this State in Con- 
gress, reported, That the Committee had gone through the said 
Draft of Instructions without Amendment ; which he was 
directed to report to the House ; and he read the Report in his 
Place, and delivered the said Draft in at the Table, where 
the same was again read and agreed to by the House. 

Resolved, If the Honorable the Senate shall concur herein, 
That after the Instructions shall be engrossed, Mr. President 
and Mr. Speaker subscribe the same in Behalf, of both Houses; 
and that a Copy, subscribed as aforesaid, be sent by a Message 
from the Senate or Assembly, to the Honorable the Council of 
Revision. 

Ordered, That Mr. Sacket carry a Copy of the above Reso- 
lution, with the said Draft of Instructions, to the Honorable 
the Senate ; and inform them that this House have agreed to 

the said Draft of Instructions without Amendment. 

* * * * 

[In Senate.] 

Thursday Afternoon, February 17, 1780. 

* * * * 

A message from the Honorable the House of Assembly, by 
Mr. Sacket and Mr. Mqfat, was received, with the Draft of 



148 Copies of Documents Relating to the 

Instructions to the Delegates of this State in Congress ; 
informing, that they had agreed to the same without Amend- 
ment. 

Ordered, That the said Draft of Instructions be engrossed. 

Mr. Sachet and Mr. Moffat also delivered the following 
Resolution of the Honorable the House of Assembly for Con- 
currence, viz. 

" In Assembly, February 17, 1780. 

" Resolved" (etc., as above in morning Session). 

Resolved, That this Senate do concur with the Honorable the 
House of Assembly in their said Resolution ; and that this 
Senate will send a Copy of the said Instructions to the 
Honorable the Council of Revision accordingly. 

Ordered, That Mr. Tozer carry a copy of the aforegoing 
Resolution of Concurrence to the Honorable the House of 

Assembly. 

* * * * 

Fkiday Mokning, February 18, 1780. 

* * * * 

The engrossed Instructions, from the Legislature of the 
State of New - York, to their Delegates in the Honorable Con- 
gress of the United States of America, were read. 

Ordered, That Mr. Roosevelt carry a Copy thereof, sub- 
scribed by Mr. President and Mr. Speaker, on Behalf of both 

Houses, to the Honorable the Council of Revision. 

* * * * 

[In Council of Revision.] 

Saturday 19 th February, 1780. 

Present — His Excellency Governor Clinton 

The Hon ble M r Chief Justice Morris 

The Hon ble Mr. Justice Hobart. 

#■*■*•* 
The Bill entitled " an act to facilitate the Completion of 
the articles of Confederation and perpetual union among the 
United States of America" together with the Instructions 



Boundaries of the State of New York. 149 

from the Legislature of this State to their Delegates in Con- 
gress, to accompany the said Bill being read the second Time 
and considered. 

Resolved that it does not appear improper to the Council 
that the said Bill should become a Law of this State. 

Ordered that a Copy of the preceding Resolution signed by 
His Excellency the Governor be Delivered to the Honorable 
the Senate by M r . Justice Hobart. 

— [Minutes of Council of Revision (MS.), in office of Secre- 
tary of State, i, (not paged). 

[In Senate.] 

Saturday Morning:, February 19, 1780. 

* % * * 

A Message from the Honorable the Council of Revision, of 
this Day, by Mr. Justice Hobart, was received ; purporting 
that it does not appear improper to the Council, that the Bill, 
entitled, "An Act * * ": And the Bill, entitled, "An 
Act to facilitate the Completion of the Articles of Confedera- 
tion and perpetual Union, among the United States of 
America / " should become Laws of this State. 

* * Hs Hi 

Preliminary Act or Cession by New York. 

An ACT to facilitate the Completion of the Articles of Con- 
federation and perpetual Union among the United States 

of America. 

Passed 19th February, 1780. 

Whereas nothing under Divine Providence, can more 
effectually contribute to the Tranquillity and Safety of the 
United States of America, than a federal Alliance on such 
liberal Principles as will give Satisfaction to its respective 
Members ; And whereas the Articles of Confederation and 
perpetual Union, recommended by the Honourable Congress of 
the United States of America, have not proved acceptable to 
all the States, it having been conceived, that a Portion of the 
"Waste and uncultivated Territory, within the Limits or Claims 
of certain States, ought to be appropriated, as a common Fund 



150 Copies of Documents Relating to tee 

for the Expenses of the "War : And the People of this State of 
New - York, being, on all Occasions, disposed to manifest their 
Regard for their Sister States, and their earnest desire to pro- 
mote the general Interest and Security, and more especially to 
accelerate the federal Alliance, by removing, as far as it 
depends upon them, the before mentioned Impediment to its 
final Accomplishment ; 

I. Be it therefore Enacted by the People of the State of New- 
York, represented in Senate and Assembly, and it is hereby 
Enacted by the Authority of the same, That it shall and may 
be lawful, to and for the Delegates of this State, in the 
Honourable Congress of the United States of America, or the 
major Part of such of them as shall be assembled in Congress ; 
and they the said Delegates, or the major Part of them, so 
assembled, are hereby fully authorised and empowered, for and 
on Behalf of this State, and by proper and authentic Acts or 
Instruments, to limit and restrict the Boundaries of this State 
in the Western Parts thereof, by such Line or Lines, and in 
such Manner and Form, as they shall judge to be expedient, 
either with Respect to the Jurisdiction, as well as the Right or 
Pre-emption of soil; or reserving the Jurisdiction in Part, or 
in the Whole, over the lands which may be ceded or relin- 
quished, with Respect only to the Right or Pre-emption of 
the Soil. 

II. And be it further Enacted by the Authority aforesaid, 
That the Territory which may be ceded or relinquished by 
virtue of this Act, either with Respect to the J urisdiction as 
well as the Right or Pre-emption of Soil, or the Right or 
Pre-emption of Soil only ; shall be, and enure for the Use and 
Benefit of such of the United States, as shall become Members 
of the federal Alliance of the said States, and for no other 
Use or Purpose whatsoever. 

III. And be it further Enacted by the Authority aforesaid, 
That all the Lands to be ceded and relinquished by Virtue of this 
Act, for the Benefit of the United States, with Respect to Pro- 
perty ; but which shall nevertherless remain under the Juris- 
diction of this State ; shall be disposed of and appropriated in 



Boundaries of the State of New York. 151 

such Manner only, as the Congress of the said States shall 
direct ; and that a Warrant, under the Authority of Congress, 
for Surveying and laying out any Part thereof, shall entitle 
the Party, in whose Favour it shall issue, to cause the same to 
be surveyed, and laid out, and returned, according to the Direc- 
tions of such Warrant ; and thereupon, Letters patent under 
the Great Seal of this State, shall pass to the Grantee for the 
Estate specified in the said Warrant ; for which, no other Fee 
or Reward shall be demanded, or received, than such as shall 
be allowed by Congress. 

IV. Provided always, and be it further Enacted by the 
Authority aforesaid, That the Trust reposed by Virtue of this 
Act, shall not be executed by the Delegates of this State, 
unless, at least three of the said Delegates shall be present in 
Congress. 1 
— [Laws of N. Y. {Jones and VaricJc), pj). 53, 54. 



The "Instructions" adopted by the Legislature to accom- 
pany the foregoing Act, and therewith referred to the Council 
of Revision, seem not to have been recorded in the office of 
the Secretary of State ; and the only copy available for the 
present purpose is one which seems to have been the original 
draft reported to the Legislature, and adopted without amend- 
ment, after having been duly engrossed. 

Instructions from the Legislature of the State of New York 
to their delegates in the Honourable Congress of the United 
States of America. Given at Albany the day of Feb- 
ruary anno : Dom : 1780. [Copy from Original Draft.] 
Whereas by an Act passed at this present meeting of the 
Legislature held at the city of Albany Entitled An Act to facili- 
tate the Completion of the articles of Confederation & per- 
petual Union among the United States of America. 

You the said delegates are authorized to limit and restrict 

1 For the original Draft of this Act, see N. T. Legis. Papers {MS. , in State 
Library), No. 120.— [P. 



152 Copies of Documents Relating to the 

the boundaries of this State In the western parts thereof by 
such line or lines and in such manner and form as you for the 
purposes mentioned in the said act shall Judge expedient. And 
whereas; It is Conceived necessary in a business of such high 
moment to the state that you should be Instructed by the 
legislature in the Discharge of the trust reposed in you by the 
Said Act : You are therefore directed in limiting the said 
boundaries to Insist on the following propositions in the order 
in which they stand viz* : 

1 st . On a line from the North East Corner of Pensylvania 
along the north bounds thereof to Its north west Corner and 
Continued from thence untill It Intersects a Meridian Line 
drawn from the 45 th degree of North Lattitude thro a point ten 
miles due west from the most westerly Bent or Inclination of 
the Strait between Lake Erie and Lake S l Clair : Thence by 
the said Meridian line to the 4:5 th degree of North lattitude 
thence by the said 45 th degree of North lattitude. 

2 dly . On a line from the North East Corner of Pensylvania 
along the north bounds thereof to Its north west Corner and 
Continued from thence until It Intersects a Meridian Line 
drawn from the 44 th degree of North Lattitude thro a point 
ten miles due west from the most westerly bent or Inclination 
of the Strait between lake Erie and Lake S* Clair thence by 
the Said Meridian line to the 44 th degree of North lattitude 
Thence by the said 44 th degree of North Lattitude to lake 
Ontario or the River S l . Lawrence Thence down the north 
banks of the Said Lake and the Said river to the 45 th degree of 
north Lattitude, thence by the said 45 th degree of north 
Lattitude. 

3 dly . On the bounds mentioned In the first proposition for 
the Jurisdiction of this State ; Yielding up to the united States 
the right of or preemption of Soil of the tract of Country lying 
west of a Meridian line drawn from the 45 th degree of north 
Lattitude thro a point twenty Miles due west of the most 
westerly bent or Inclination of the river or Strait of Niagara 
as far south & North & West of the s'd Meridian line as this 
State extends. 



Boundaries of the State of New Your. 153 

4 hly . On the bounds mentioned In the Second proposition for 
the Jurisdiction of this State Yielding up to the united States 
the right or preemption of Soil of the tract of Country described 
In the third proposition 

5 hly . On a line from the North East Corner of Pensylvania 
along the north bounds thereof to the North west Corner 
thence southerly along the west bounds thereof until the head 
of the Cayahoga bears due west thence due west to the 
Head of the Cayahoga thence down the Cayahoga to the 
mouth thereof thence due north to the 44 th degree of North 
Latitude, thence by the 44 th degree of north latitude to Lake 
Ontario or the River S l Lawrence ; thence by the North banks 
of the Said Lake and of the Said River to the 45 th degree of 
North Lattitude & thence by the said 45 th degree of North 
latitude. 

6 hly . On the bounds described In the fifth proposition for 
the Jurisdiction of this state Yielding up to the united States 
the right or preemption of Soil of the tract of Country 
described in the third proposition and also the right or pre- 
emption of Soil of the tract of Country laying west of pen- 
sylvania and on the South Side of Lake Erie. 

7 hly . You are at liberty to agree upon any other line or lines 
which You may Judge from Circumstances to be Consistent 
with Your trust and equally advantageous for the State with 
either of the Propositions above mentioned but if neither of 
the said propositions or such others as you shall state shall 
take place You shall In no case restrict or limit the Bounds of 
the State so as to Exclude or relinquish Any part of the Terri- 
tory comprized within the following description which you are 
to Consider and Maintain as the ultimatum of this State both 
In respect of the right of soil or Preemption from the Natives 
and of Jurisdiction subject to the Proviso hereinafter named 
to witt — a line from the North East Corner of Pensylvania 
along the north bounds thereof to Its north west Corner 
continued due west untill It shall be Intersected by a 
meridian line to be drawn from the 45 th degree of North lat- 
titude thro a point twenty miles due west from the most 
20 



154 Copies of Documents Relating to the 

westerly bent or Inclination of the River or strait of Niagara, 
thence by the said Meridian line to the 45 th degree of North 
Lattitude, and thence by the Said 45 th degree of North Lati- 
tude, Provided Nevertheless that If the Great object of the 
Said Act cannot otherwise be accomplished you Shall be at 
Liberty to cede for the benefit of the united States the right 
or premption of Soil reserving the Jurisdiction, or even both 
the right or Preemption of Soil and of Jurisdiction to that 
tract of land part of the Territory described In this Ultimatum 
which lies east of the Meridian Line mentioned in this Ultima- 
tum and North of the 44 th degree of North Lattitude and of 
the Lake Ontario and of the River S* Lawrence. 
— [JV. Y. Legis. Papers (MS., in State Library), No. 596. 



The journals of Congress make no specific mention of the 
reception or the reference to a Committee of a copy of the 
foregoing act with other papers, nor of the report of such 
Committee, until the subject was formally considered and 
acted upon, as follows : 

Wednesday, September 6, 1780. 

Congress took into consideration the report of the committee 
to whom were referred the instructions of the general assembly 
of Maryland to their delegates in Congress, respecting the 
articles of confederation, and the declaration therein referred 
to, the act of the legislature of New -York on the same 
subject, and the remonstrance of the general assembly of 
Virginia; which report was agreed to, and is in the words 
following : 

That having duly considered the several matters to them 
submitted, they conceive it unnecessary to examine into the 
merits or policy of the instructions or declaration of the general 
assembly of Maryland, or of the remonstrance of the general 
assembly of Virginia, as they involve questions, a discussion 
of which was declined on mature consideration, when the 
articles of confederation were debated ; nor. in the opinion 
of the committee, can such questions be now revived with 



Boundaries of the State of New York. 155 

any prospect of conciliation ; that it appears more advisable 
to press upon those states which can remove the embarrass- 
ments respecting the western country, a liberal surrender of a 
portion of their territorial claims, since they cannot be pre- 
served entire without endangering the stability of the general 
confederacy; to remind them how indispensably necessary it is 
to establish the federal union on a fixed and permanent basis, 
and on principles acceptable to all its respective members ; 
how essential to public credit and confidence, to the support 
of our army, to the vigour of our councils and success of our 
measures, to our tranquillity at home, our reputation abroad, to 
our very existence as a free, sovereign and independent people ; 
that they are fully persuaded the wisdom of the respective 
legislatures will lead them to a full and impartial consideration 
of a subject so interesting to the United States, and so neces- 
sary to the happy establishment of the federal union; that 
they are confirmed in these expectations by a review of the 
beforementioned act of the legislature of New -York, submit- 
ted to their consideration ; that this act is expressly calculated 
to accelerate the federal alliance, by removing, as far as depends 
on that state, the impediment arising from the western 
country, and for that purpose to yield up a portion of territorial 
claim for the general benefit ; Whereupon, 

Resolved, That copies of the several papers referred to the 
committee be transmitted, with a copy of the report, to the 
legislatures of the several states, and that it be earnestly 
recommended to those states, who have claims to the western 
country, to pass such laws, and give their delegates in Congress 
such powers as may effectually remove the only obstacle to a 
final ratification of the articles of confederation ; and that the 
legislature of Maryland be earnestly requested to authorize 
their delegates in Congress to subscribe the said articles. 

Copies of the foregoing report and of the several papers 
therein referred to, were sent to the Governors of the seve- 
ral States, prefaced by the following circular from the President 
of Congress : 



156 Copies of Documents Relating to the 

Philadelphia September 10, 1780. 
Sir, 

Your excellency will receive herewith enclosed an act 
of Congress of the 6th instant, adopting the report of a com- 
mittee, together with copies of the several papers referred to 
in the report. 

I am directed to transmit copies of this report and the sev- 
eral papers therein mentioned to the legislatures of the several 
states, that they all may be informed of the desires and 
endeavours of congress on so important a subject, and those 
particular states which have claims to the western territory 
and the state of Maryland, may adopt the measures recom- 
mended by congress in order to obtain a final ratification of 
the articles of confederation. 

Congress, impressed with a sense of the vast importance of 
the subject have maturely considered the same, and the result 
of their deliberation is contained in the enclosed report, which 
being full and expressive of their sentiments upon the subject : 
without any additional observations, it is to be hoped and most 
earnestly desired that the wisdom, generosity and candour of 
the legislatures of the several states which have it in their 
power, on the one hand to remove the obstacles, and on the 
other to complete the confederation, may direct them to such 
measures in compliance with the earnest recommendations of 
congress as shall speedily accomplish an event so important 
and desirable as the ratification of the confederation by all 
the states. 

I have the honor to be, 

With the highest respect & consideration, 

Your excellency's most obed't. servant, 

SAM. HUNTINGTON, President 

His Excellency 

The Governor of 

— {Hening's ( Va.) Statutes at Large, x, 518. 



Boundaries of the State of New York. 157 

Tuesday, October 10, 1780. 
Resolved, That the unappropriated lands that may be ceded 
or relinquished to the United States, by any particular State, 
pursuant to the recommendation of Congress of the 6th day 
of September last, shall be disposed of for the common benefit 
of the United States, and be settled and formed into distinct 
republican States, which shall become members of the federal 
union, and have the same rights of sovereignty, freedom and 
independence, as the other States : * * * 

Connecticut Act of Cession. 
At a General Assembly of the Governor and Company of the 

State of Connecticut in America holden at Hartford on the 

second Thursday of October being the 12th Day of said 

Month Anno Domini 1780. 

This Assembly taking into their Consideration a Resolution 
of Congress of the 6th of Septemb 1 " last recommending to the 
several States which have vacant unappropriated Lands lying 
within the Limits of their respective Charters and Claims to 
adopt measures which may effectually remove the Obstacle that 
prevents a Ratification of the Articles of confederation together 
with the Papers from the States of New York Maryland & 
Virginia, which accompanied the same, and being anxious for 
the accomplishment of an Event most desirable and important 
to the Liberty and Independence of this rising Empire, will 
do every Thing in their power to facilitate the same, notwith- 
standing the Objections which they have to several parts of it. 
Resolved by this Assembly, that they will Ceed and relinquish 
to the United States, who shall be confederated for their Use 
and benefit, their Right or preemption of Soil in or to so much 
of the vacant and unappropriated Lands Claimed by this State 
contained and comprehended within the extent and Limits of 
their Charter and Grant from King Charles the second, and 
which lies and extends within the Limits of the same West- 
ward of the Susquehannah Purchase so called and Eastward 
of the River Misisipi, as shall be in just proportion of what 



158 Copies of Documents Relating to the 

shall be Ceded and relinquished by the other States, Claiming 
and holding vacant Lands as aforesaid with the Quantity of 
such their Claim, unappropriated at the Time when the Con- 
gress of the United States was first convened and held at 
Philadelphia. And it is further Resolved that all the Lands 
to be ceded and relinquished hereby, for the benefit of the con- 
federated United States with respect to property, but which shall 
nevertheless remain under the Jurisdiction of this State shall be 
disposed of and appropriated in such manner only as the Con- 
gress of the United States shall direct and that a Warrant 
under the Authority of Congress for surveying and laying out 
any part thereof, shall entitle the party in whose favour it 
shall Issue to cause the same to be laid out and returned 
according to the Directions of such Warrant, and thereupon 
the Interest and Title of this State shall pass and be confirmed 
to the Grantee for the Estate specified in the said Warrant 
for which no other fee or reward shall be demanded or received 
than such as shall be allowed by Congress always Provided 
that said Lands to be granted as aforesaid be laid out and sur- 
veyed in Townships in regular form to a suitable number of 
Setlers in such manner as will best promote the Settlement 
and cultivation of the same according to the true Spirit and 
principles of a Republican State. And the Delegates of 
this State in Congress or any three of them are hereby 
Impowered & Authorized in behalf of this State to agree 
to the Location of such Warrants and Surveys as shall be made 
by Congress according to and in pursuance of the Resolves 
aforesaid and whatever may be further necessary for the same 
being; carried into full Execution. 

— [MS. Laios of Conn. ; copy furnished by 0. J. Hoadley, 
State Librarian. 



Boundaries of the State of New York. 159 

KESOLUTIONS, 

January 2d 17.81. 

For a cession of the lands on the north xoest side of Ohio to 

the United States. 

In the [Va.] House of Delegates, 

Tuesday the 2d of January 1781. 
The general assembly of Virginia being well satisfied that 
the happiness, strength and safety of the United States, 
depend, under Providence, upon the ratification of the articles 
for a federal union between the United States, heretofore pro- 
posed by congress for the consideration of the said states, 
and preferring the good of their country to every object of 
smaller importance, Do Resolve, That this commonwealth will 
yield to the congress of the United States, for the benefit of 
the said United States, all right, title, and claim that the said 
commonwealth hath to the lands northwest of the river Ohio, 
upon the following conditions, to wit : That the territory so 
ceded shall be laid out and formed into states containing a 
suitable extent of territory, * * That the States so 
formed shall be distinct republican States, and be admitted 
members of the federal union, having the same rights of sov- 
ereignty freedom and independence as the other States. 

* * * * 

That all the lands within the territory so ceded to the United 
States, and not reserved for or appropriated to any of the 
herein before mentioned purposes, or disposed of in bounties 
to the officers and soldiers of the American army, shall be con- 
sidered as a common fund for the use and benefit of such of 
the United American States, as have become or shall become 
members of the confederation or federal alliance of the said 
states (Virginia inclusive) according to their usual respective 
proportions in the general charge and expenditure, and shall 
be faithfully and bona fide disposed of for that purpose, and 
for no other use or purpose whatsoever. 

* # # # 



160 Copies of Documents Relating to the 

That all the remaining territory of Virginia included 
between the Atlantic ocean and the southeast side of the river 
Ohio, and the Maryland, Pennsylvania, and North Carolina 
boundaries, shall be guaranteed to the commonwealth of Vir- 
ginia by the said United States. 

That the above cession of territory by Virginia to the United 
States shall be void and of none effect, unless all the states in 
the American Union shall ratify the articles of confederation 
heretofore transmitted by congress for the consideration of 
the said states. 

Virginia having thus for the sake of the general good pro- 
posed to cede a great extent of valuable territory to the con- 
tinent, it is expected in return that every other State in the 
Union, under similar circumstances as to vacant territory, will 
make similar cessions of the same to the United States for the 
general emolument. 
— {Hening's ( Va.) Statutes at Large, x, 564, 566. 

The action of the States of New York and Virginia as 
recited above, so far obviated the objections of Maryland, as 
to secure the passage of the following act, authorizing her 
delegates in Congress to ratify the articles of confederation. 
It will be seen, however, that these delegates did not use the 
authority thus conferred, until the final " instrument " or deed 
on the part of New York, to which the " act to facilitate the 
completion of the articles of confederation" was prelimi- 
nary, had been executed by her delegates in Congress. 

Philadelphia 3d February 1781. 

Honorable Gentlemen : 

* * * * 

Amidst our many and great Embarrasments we have the 
satisfaction to inform you that Virginia has ceded to the united 
States all her Claims to the westward of the Ohio ; and we are 
preparing to execute our powers on the same Subject. Mary- 
land we are informed, though not officially, has acceded to the 



Boundaries of the state of New York. 161 

Confederation : we believe there is no doubt of the Fact. 
These are Events of the utmost moment to our Independence 
and future Tranquility, and they are the more pleasing as our 
State has taken the Lead in the measures by which they have 
been accomplished. 

Your most obedient & 

Very humble Servant 

JA 8 DUANE 

Honorable Pierre Van Cortlandt Esq Lieu' Governour 
Honorable Evert Bancker Esq r Speaker of the Assembly. 
— [IV. Y. Legis. Papers (MS., in State Lib.), JVo. 598. 

[In Congress.] 

Monday, February 12, 1781. 
* * * % 

The delegates for Maryland laid before Congress a certified 
copy of an act of the legislature of that State, which was read, 
as follows : 

''An Act to empower the delegates of this state in Congress to subscribe 
and ratify the articles of confederation. 

;i Whereas it hath been said that the common enemy is 
encouraged by this state not acceeding to the confederation, 
to hope that the union of the sister states may be dissolved ; 
and therefore prosecutes the war in expectation of an event 
so disgraceful to America ; and our friends and illustrious ally 
are impressed with an idea that the common cause would be 
promoted by our formally acceding to the confederation : this 
general assembly, conscious that this state hath, from the 
commencement of the war, strenuously exerted herself in the 
common cause, and fully satisfied that if no formal confedera- 
tion was to take place, it is the fixed determination of this 
state to continue her exertions to the utmost, agreeable to the 
faith pledged in the union ; from an earnest desire to concili- 
ate the affection of the sister states ; to convince all the world 
of our unalterable resolution to support the independence of 
21 



162 Copies of Documents Relating to the 

the United States, and the alliance with his most Christian 
majesty, and to destroy forever any apprehension of our 
friends, or hope in our enemies, of this state being again 
united to Great-Britain. 

"Be it enacted by the general assembly of Maryland, that 
the delegates of this state in Congress, or any two or three of 
them, shall be, and are hereby, empowered and required, on 
behalf of this state, to subscribe the articles of confederation 
and perpetual union between the States of New-Hampshire, 
Massachusetts-Bay, Rhode-Island and Providence Plantations, 
Connecticut, New- York, New-Jersey, Pennsylvania, Delaware, 
Maryland, Virginia, North-Carolina, South-Carolina, and 
Georgia, signed in the general Congress of the said states by the 
hon. Henry Laurens, esq. their then president, and laid before 
the legislature of this state to be ratified if approved. And 
that the said articles of confederation and perpetual union, so as 
aforesaid subscribed, shall henceforth be ratified and become con- 
conclusive as to this state, and obligatory thereon. And it is 
hereby declared, that, by acceding to the said confederation, 
this state doth not relinquish, or intend to relinquish, any right 
or interest she hath, with the other united or confederated 
states, to the back country ; but claims the same as fully as 
was done by the legislature of this state, in their declara- 
tion, which stands entered on the journals of Congress ; this 
state relying on the justice of the several states hereafter, as 
to the said claim made by this state. 

" And it is further declared, that no article in the said con- 
federation, can or ought to bind this or any other state, to 
guarantee any exclusive claim of any particular state, to the 
soil of the said back lands, or any such claim of jurisdiction 
over the said lands or the inhabitants thereof." 

* * * * 

Thursday, February 22, 1781. 

The delegates of Maryland having taken their seats in Con- 
gress with powers to sign the articles of confederation : 

Ordered. That Thursday next be assigned for completing 



Boundaries of the State of New York. ±Qg 

the confederation ; and that a committee of three be appointed, 
to consider and report a mode for announcing the same to 
the public: the members, Mr. Walton, Mr. Madison, Mr. 
Matthews. 



Thursday, March 1, 1781. 
■* * * * 

In pursuance of the act of the legislature of the state of 
New- York read in Congress the 7th of March, 1780, entitled, 
" An act to facilitate the completion of the articles of con- 
federation and perpetual union among the United States of 
America," and which is in the words following : [recited 
above p. 150.] 

% * * * 

The delegates for the State of New- York executed in Con- 
gress the following act or declaration, to wit : 

" To all people who shall see these presents, we, James Duane, William 
Floyd, and Alexander M'Dougall, the underwritten delegates for the 
State of New- York in the honorable Congress 'of the United States of 
America, send greeting: 

" Whereas it is stipulated as one of the conditions of the 
cession of territory, made for the benefit of the United States 
by the legislature of the state of Virginia, that the United 
States should guarantee to that state the boundaries reserved 
by her legislature for her future jurisdiction ; and it would be 
unjust that the state of New-York, as a member of the federal 
union, should be compelled to guarantee the territories which 
shall be reserved by other states making such cessions, when 
her own boundaries, as they are to be limited and restricted by 
the act or instrument of cession now to be executed, shall not 
be guaranteed in the same manner ; wherefore, the said dele- 
gates for the state of New- York, being uninstructed on this 
subject by their constituents, think it their duty to declare, and 
they do by this present instrument declare, that the cession of 
territory and restriction of boundary of the state of New- York, 
now to be made by them in behalf of the people of the said 
state, shall not be absolute ; but on the contrary, shall be sub- 



164 Copies of Documents Relating to the 

ject to ratification or disavowal by the people of the said state, 
represented in senate and assembly, at their pleasure ; unless 
the boundaries reserved for the future jurisdiction of the said 
state, by the instrument of cession now to be executed by us, 
shall be guaranteed by the United States, in the same manner 
and form as the territorial rights of the other states shall be 
guaranteed, which have made or may make cessions of part of 
their claims for the benefit of the United States; the people 
of the state of New- York, on their part, submitting that any 
part of their limits, which are or may be claimed by any of the 
United States, shall be determined and adjusted in the mode 
prescribed for that purpose by the articles of confederation. 
In testimony whereof, we have hereunto set our hands and 
seals, in the presence of Congress, this first day of March, in 
the year of our Lord one thousand seven hundred and eighty- 
one, and of our independence the fifth. 

JAMES DUANE, L. S. 

WM. FLOYD, L. S. 

ALEXANDER M'DOUGALL, L. S." 

Sealed and delivered in the presence of 

CHARLES THOMSON, 
CHARLES MORSE, 
EBENEZER SMITH. 

The foregoing being executed, the delegates aforesaid, in 
virtue of the powers vested in them by the act of their legisla- 
ture above recited, proceeded and executed in due form in 
behalf of their State, the following instrument, viz : 

"To all who shall see these presents, we, James Duane, William Floyd 
and Alexander M'Dougall, the underwritten delegates for the State of New- 
York in the honorable Congress of the United States of America, send 
greeting : 

" Whereas by an act of the legislature of the said state of 
New-York, * * entitled " An act to facilitate the com- 
pletion of the articles of confederation and perpetual union 
among the United States of America," it is declared, that the 
people of the state of New- York, were on all occasions dis- 



Boundaries of the State of New York. 165 

posed to manifest their regard for their sister states, and their 
earnest desire to promote the general interest and security, 
and more especially to accelerate the federal alliance, by 
removing, as far as it depended upon them, the impediment 
to its final accomplishment, respecting the waste and unculti- 
vated lands within the limits of certain states ; * 

" Now therefore know ye, that we, the said James Duane, 
"William Floyd and Alexander M'Dougall, by virtue of the 
power and authority, and in the execution of the trust reposed 
in us as aforesaid, have judged it expedient to limit and 
restrict, and we do by these presents, for and in behalf of the 
said state of New -York, limit and restrict the boundaries of 
the said state in the western parts thereof, with respect to 
the jurisdiction, as well as the right or pre-emption of soil, by 
the lines and in the form following, that is to say : a line from 
the north-east corner of the state of Pennsylvania, along the 
north bounds thereof to its north-west corner continued, due 
west until it shall be intersected by a meridian line, to be 
drawn from the 45th degree of north latitude, through the 
most westerly bent or inclination of lake Ontario ; thence by 
the said meridian line to the 45th degree of north latitude; 
and thence by the said 45th degree of north latitude : but if 
on experiment, the above described meridian line shall not 
comprehend 20 miles due west from the most westerly bent or 
inclination of the river or strait of Niagara, then we do by 
these presents, in the name of the people, and for and on 
behalf of the state of New -York, and by virtue of the 
authority aforesaid, limit and restrict the boundaries of the 
said state in the western parts thereof, with respect to juris- 
diction, as well as the right of pre-emption of soil, by the 
lines and in the manner following, that is to say ; a line from 
the north-east corner of the State of Pennsylvania, [etc., as 
above], * * And we do by these presents, in the name 
of the people, and for and on behalf of the state of New- 
York, and by virtue of the power and trust committed to us 
by the said act and commission, cede, transfer, and forever 
relinquish to, and for the only use and benefit of such of the 



166 Copies of Documents Relating to the 

states as are or shall become parties to the articles of confedera- 
tion, all the right, title, interest, jurisdiction and claim, of the 
said state of New -York, to all lands and territories to the 
northward and westward of the boundaries, to which the said 
state is in manner aforesaid limited and restricted, and to be 
granted, disposed of, and ajDpropriated in such manner only, 
as the Congress of the said United or Confederated States 
shall order and direct. 

"In testimony whereof," [etc, as in the foregoing declara- 
tion]. 

[Ratification by Maryland.] 
According to the order of the day, the hon. John Hanson 
and Daniel Carroll, two of the delegates for the state of 
Maryland, in pursuance of the act of the legislature of that 
state, entitled " An act to empower the delegates of this state 
in Congress to subscribe and ratify the articles of confedera- 
tion," * * did, in behalf of the said state of Maryland, 
sign and ratify the said articles, by which act the confederation 
of the United States of America was completed, each and 
every of the Thirteen United States, from New-Hampshire to 
Georgia, both included, having adopted and confirmed, and 
by their delegates in Congress, ratified the same. * * 

No allusion to the Act of Connecticut recited above on 
pp. 157-8, is found in the Journals of Congress, until Oct. 16, 
1781, at which time " the territorial cessions of Virginia, New- 
York and Connecticut" together with the above mentioned 
memorials of J. Wilson and William Trent, were in the 
hands of a committee to whom the same had been recommit- 
ted. — [See also Journals of Oct 26, Nov. 14, 1781, April 18, 
1782. 

Wednesday, May 1, 1782. 
The report of the committee, consisting of Mr. Boudinot, 
Mr. Yarnum, Mr. Jenifer, Mr. Smith and Mr. Livermore, on 
the cessions of New York, Virginia and Connecticut, and the 



Boundaries of the State of New York. 167 

petitions of the Indiana, Vandalia, Illinois & Wabash com- 
panies, was read, being as follows : 

The committee, to whom the cessions of New- York, Vir- 
ginia, Connecticut, and the petitions of the Indiana, Vandalia, 
Illinois and Wabash companies, were referred, do report, that 
having had a meeting with the agents on the part of New- 
York, Connecticut and Virginia, the agents for New- York and 
Connecticut laid before jour committee their several claims to 
the lands said to be contained in their several states, together 
with vouchers to support the same ; but the delegates on the 
part of Virginia declining any elucidation of their claim, 
either to the lands ceded in the act referred to your committee, 
or the lands requested to be guaranteed to the said state by 
Congress, delivered to your committee the written paper 
hereto annexed and numbered twenty. 

That your committee have carefully examined all the 
vouchers laid before them, and obtained all the information 
into the state of the lands mentioned in the several cessions 
aforesaid, and having maturely considered the same, are 
unanimously of opinion, and do report the following reso- 
lutions : 

Resolved, That Congress do, in behalf of the United States, 
accept the cession made by the state of New- York, as con- 
tained in the instrument of writing executed for that purpose 
by the agents of New -York, dated the day of 

last past, and now among the files of Congress ; and that the 
president do take the proper measures to have the same legally 
authenticated, and registered in the public records of the State 
of New -York. 

The reasons that induced your Committee to recommend 
the acceptance of this cession, are, 

1st. It clearfv appeared to your committee, that all the 
lands belonging to the Six Nations of Indians, and their tribu- 
taries, have been in due form put under the protection of the 
crown of England by the said Six Nations, as appendant to 
the late government of New -York, so far as respects jurisdic- 
tion only. 



168 Copies of Documents Relating to the 

2d. That the citizens of the said colony of New-York have 
borne the burthen, both as to blood and treasure, of protect- 
ing and supporting the said Six Nations of Indians, and their 
tributaries, for upwards of 100 years last past, as the depend- 
ants and allies of the said government. 

3d. That the crown of England has always considered and 
treated the country of the said Six Nations, and their tribu- 
taries, inhabiting as far as the 45th degree of north latitude, 
as appendant to the government of New -York. 

4th. That the neighboring colonies of Massachusetts, Con- 
necticut, Pennsylvania, Maryland and Virginia, have also, from 
time to time, by their public acts, recognized and admitted the 
said Six Nations, and their tributaries, to be appendant to the 
government of New York. 

5th. That by Congress accepting this cession, the jurisdic- 
tion of the whole western territory belonging to the Six 
Nations and their tributaries, will be vested in the United 
States, greatly to the advantage of the Union. 

Resolved, That Congress do earnestly recommend to the 
states of Massachusetts and Connecticut, that they do without 
delay release to the United States in Congress assembled, all 
claims and pretensions of claim to the said western territory, 
without any conditions or restrictions whatever. 

Resolved, That Congress cannot, consistent with the inter- 
ests of the United States, the duty they owe to their consti- 
tuents, or the rights necessarily vested in them as the sovereign 
power of the United States, accept of the cession proposed to 
be made by the State of Virginia, or guarantee the tract of 
country claimed by them in their act of cession referred to 
your committee. 

Reasons. 

1st. It appeared to your committee from the vouchers laid 
before them, that all the lands ceded or pretended to be ceded 
to the United States by the state of Virginia, are within the 
claims of the States of Massachusetts, Connecticut and New- 
York, being part of the lands belonging to the said Six Nations 
of Indians and their tributaries. 



Boundaries of the State of New York. 169 

2d. It appeared that great part of the lands claimed by the 
state of Virginia and requested to be guaranteed to them by 
Congress, is also within the claim of the state of New- York, 
being also a part of the country of the said Six Nations and 
their tributaries. 

3d. It also appeared that a large part of the lands last afore- 
said are to the westward of the west boundary line of the late 
colony of Virginia, as established by the king of Great-Britain, 
in council, previous to the present revolution. 

4th. It appeared that a large tract of said lands hath been 
legally and equitably sold and conveyed away under the 
government of Great-Britain, before the declaration of inde- 
pendence, by persons claiming the absolute property thereof. 

5th. It appeared that iu the year 1763, a very large part 
thereof was separated and appointed for a distinct government 
and colony by the King of Great-Britain, with the knowledge 
and approbation of the government of Virginia. 

6th. The conditions annexed to the said cession are incom- 
patible with the honor, interests and peace of the United 
States, and therefore, in the opinion of your committee, 
altogether inadmissible. 

Resolved, That it be earnestly recommended to the State of 
Virginia, as they value the peace, welfare and increase of the 
United States, that they re-consider their said act of cession, 
and by a proper act for that purpose, cede to the United States 
all claims and pretension of claim to the lands and country 
beyond a reasonable western boundary, consistent with their 
former acts while a colony under the power of Great-Britain, 
and agreeable to their just rights of soil and jurisdiction at 
the commencement of the present war, and that free from any 
conditions and restrictions whatever. 

Your committee farther report, that they have had a confer- 
ence with the agents for the several petitioners, calling them- 
selves the Indiana, Vandalia, Illinois and Wabash companies, 
and also of colonel Croghan, and have seen and carefully 
examined their several vouchers and deeds ; to which confer- 
ence your committee invited the delegates for Connecticut, 
22 



170 Copies of Documents Relating to the 

New- York and Yirginia, but the delegates for Virginia refused 
to attend. 



Thursday, September 5, 1782. 

* * * * 

The order of the day being called for, to take into further 
consideration the report of the grand committee, and the fol- 
lowing proposition, part of the report, being under debate, viz. 

" That it is their opinion that the western lands, if ceded to 
the United States, might contribute towards a fund for paying 
the debt of these states." 

A motion was made by Mr. Bland, seconded by Mr. Lee 
[both of Yirginia], to add, " and therefore resolved, that Con- 
gress do accept the cession of territory made to them, by the 
state of Virginia, by their act bearing date the 2d of January, 
1781, by the state of New- York on the 1st of March, 1781, 
and by the state of Connecticut in October, 1780, with the 
conditions therein named." 

This amendment being objected to as out of order, and the 
debate turning on a question of order : 

A motion was made by Mr. Duane [of New- York], seconded 
by Mr. M'Kean [of Delaware], " that the further considera- 
tion of the report of the grand committee be postponed till 
to-morrow," * * * * 

So it was resolved in the affirmative. 

Friday, September 6, 1782. 

* * * * 

Congress resumed the consideration of the report of the 
grand committee, and the following paragraph being read : 

" That it is their opinion that the western lands, if ceded to 
the United States, might contribute to a fund for paying the 
debts of these states." 

A motion was made by Mr. Rutledge [of S. Carolina], 
seconded by Mr. Lee, to amend it, by inserting after " United 
States," the following words, " by the several states to which 
they belong." 



Boundaries of the State of New Yore. 171 

A motion was made by Mr. Dyer [of Conn.], seconded by 
Mr. M'Kean, to amend the amendment, by striking out the 
words " to which they belong," and in lien thereof, inserting 
" claiming the same." 

A motion was then made by Mr. Witherspoon [of N. Jersey], 
seconded by Mr. Howell [of R. Island], to postpone the con- 
sideration of the paragraph with the amendments, and to take 
into consideration the following set of resolutions : 

" That if the several states claiming the exclusive property 
of the western lands, wonld make cessions of them to the 
United States, agreeably to the recommendation of Congress of 
the 6th of September and the resolution of the 10th of October, 
1780, it wonld be an important fund for the discharge of the 
national debt : 

That, therefore, it be recommended to those states which 
have made no cessions, as soon as possible to take the above 
recommendation into consideration and determine thereon : 

That it be recommended to those states which have [made] 
cessions not entirely agreeably to the above recommendation 
to reconsider them, and send the result to the United States in 
Congress assembled : 

That in case of a compliance with the above recommenda- 
tion, no determinations of the particular states relating to 
private property of lands within those cessions, shall be 
reversed or altered without their consent, unless in such cases 
as the 9th article of the confederation shall render it necessary." 
* * •* * 

So it was resolved in the affirmative. 

The resolutions being then read : on motion of Mr. Clark 
[of N. Jersey], 

Ordered, That they be referred to a committee of five. 

Wednesday, September 25, 1782. 
Congress took into consideration the report of a committee, 
consisting of Mr. Witherspoon, Mr. Madison, Mr. Rutledge, 
Mr. Osgood, and Mr. Montgomery, to whom was referred a set 
of resolutions moved by Mr. Witherspoon : 



172 Copies of Documents Relating to the 

The report is as follows [see Journal of September 6th, 
above]. 

A motion was made by Mr. Clark, seconded by Mr. Condict 
[both of New Jersey], to strike out the last paragraph. 

And on the question, shall the last or fourth paragraph of 
the report stand ? * * * 

So it passed in the negative. 

" On the question to agree to the report as amended, the yeas 
and nays being required by Mr. Clark," Massachusetts, Con- 
necticut, New York, New Jersey, Pennsylvania, and Maryland 
voted ay • Virginia, North Carolina, South Carolina and 
Georgia, no. 

So the question was lost. 

Tuesday October 29, 1782. 
• * * * * 

On a motion made by the delegates of Maryland, 
Resolved, That Congress do, in behalf of the United States, 
accept all the right, title, interest, jurisdiction and claim of the 
state of New- York, as ceded by and contained in the instru- 
ment of writing executed for that purpose by the agents of 
New-York, dated the first of March, 1781. 1 

On the question to agree to this, the yeas and nays being 
required by Mr. Carroll [of Maryland] 

Massachusetts . ■. Mr. Osgood no \- * 

Rhode-Island Mr. Arnold ay ) 

Mr. Howell ay j" ay 

Connecticut Mr. Huntington . . . ay ) 

Mr. Dyer ayj ay 

New- York Mr. Duane ay ) 

Mr. L'Hommedieu . ay ) •* 

New-Jersey Mr. Boudinot ay ) 

Mr. Witherspoon . . ay j ■* 

'For a certified copy of this resolution, see JV. T. Legis. Papers {MS., 
in Slate Library), No. 604. 



Boundaries of the State of New York. 173 
Pennsylvania Mr. Smith ay 



Mr. Clymer ayf^ 

Delaware Mr. M'Kean ay] 

Mr. Dickinson ay lay 

Mr. Wharton ay j 

Maryland Mr. Hanson ay 1 

Mr. Carroll ay \ ay 

Mr. Hemsley ay J 

Virginia Mr. Madison no ) 

Mr. Bland no j no 

N. -Carolina Mr. Williamson ... ay ) 

Mr. Blount no) dlv * 

S.-Carolina Mr. Rutledge no] 

Mr. Ramsay ay I ,. 

J rdiv. 

Mr. Izard ay I 

Mr. Gervais no J 

So it was resolved in the affirmative. 

Wednesday, October 30, 1782 

A motion was made by Mr. Williamson [of North Carolina], 
seconded by Mr. Bland [of Virginia], 

" That it be resolved, that nothing in the resolve passed 
yesterday, be understood to operate towards preventing the 
determination of any dispute that has arisen or may arise 
concerning territory, between the state of New- York and any 
other state or states in the union, by the 9th article of the 
confederation, in the same manner as if the cession had not 
been made. 1 ' 

A motion was made by Mr. M'Kean, seconded by Mr. 
Howell, that the motion be postponed. 

And on the question for postponing, the yeas and nays being 
required by Mr. Bland, 

The vote stood as before with the following exceptions : . 

Massachusetts Mr. Osgood ay \- * 

New Jersey . . Mr. Boudinot ay ) 

Mr. Witherspoon . . no \ 



174 



Copies of Documents Relating to the 



div. 



div. 



no 



no 



Delaware Mr. M'Kean ay 

Mr. Dickinson .... no 

Virginia Mr. Madison ay 

Mr. Bland no 

N. -Carolina Mr. Williamson ... no 

Mr. Blount no 

S.-Carolina Mr. Rutledge no 

Mr. Ramsay no 

Mr. Izard no 

Mr. Gervais no , 

Georgia .. Mr. N. W. Jones. . . no \- * 

Only six of the thirteen states voted ay. " So the question 
was lost." 

On the question to agree to the main question, the yeas and 
nays being required by Mr. Williamson, 

The vote stood as on the question to accept the cession 
made by New York, with the following exceptions : 



B] 



no 
no 



[div. 
ayj 



no 
ay 

a y 

ay 

no y* 



div. 



a y 



Rhode Island [both members 

Pennsylvania Mr. Smith . . , 

Mr. Clymer. . 

Virginia Mr. Madison 

Mr. Bland . . . 

North Carolina Mr. Williamson 

Mr. Blount 

Georgia Mr. N. W. Jones , 

Only six of the thirteen states voted ay. " So the question 
was lost." 

* * % * 

Thuksday, January 30, 1T83. 

The committee to whom were referred the memorials of 

the representatives of Pennsylvania of the 28th of August and 

12th of November last [stating that their constituents labour 

under grievances, because they are not enabled to settle their 



Boundaries of the State of New York. 175 

accounts against the United States], reported an answer, which 
was agreed to, and which contains the following allusion to the 
subject of Western lands: 

Among the steps taken by Congress to secure the debts 
incurred by the common defence, they must not omit to men- 
tion the recommendation of the 6th of September, 1780, for a 
cession of part of the western territory, claimed by particular 
states. In consequence thereof, New- York has made a cession 
accepted by Congress, the nature of which will appear by the 
act herewith communicated. 

Virginia and Connecticut have also made cessions, the accept- 
ance of which have been hitherto delayed by peculiar circum- 
stances. Other states, claiming western territory, have not 
yet complied with the recommendation. Congress cannot 
help calling the serious attention of the legislature of Penn- 
sylvania to that subject, which they consider as of importance, 
not only as it may affect the public credit, but as it will con- 
tribute to give general satisfaction to the members of the 
union. They intend also to renew their instances with the 
other states on the same occasion. 

Friday, April 18, 1783. 
The report of a committee " appointed to consider the means 
of restoring and supporting public credit, and of obtaining 
from the States substantial funds for funding the whole debt 
of the United States," the said report having been first sub- 
mitted on the 20th day of March, last preceding, and being 
at this time under consideration, it was 

[Resolved], That as a further mean, as well of hastening the 
extinguishment of the debts, as of establishing the harmony of 
the United States, it be recommended to the states which have 
passed no acts towards complying with the resolutions of 
Congress of the 6th of September and 10th of October, 1780, 
relative to territorial cessions, to make the liberal cessions 
therein recommended ; and to the states which may have passed 



176 Copies of Documents Relating to the 

acts complying with the said resolutions in part only, to revise 
and complete such compliance. 

Thursday, April 24, 1783. 

* % * * 

The committee consisting of Mr. Madison, Mr. Ellsworth 
and Mr. Hamilton, appointed to prepare an address to the 
states, to accompany the act of the 18th of this month, 
reported a draught, which being read and amended, was agreed 
to as follows : 

TV TV TV TV 

Thus much for the interest of the national debt : for the dis- 
charge of the principal within the term limited, we rely on the 
natural increase of the revenue from commerce, on requisitions 
to be made, from time to time, for that purpose, as circum- 
stances may dictate, and on the prospect of vacant territory. 
■* * * * 

With a view to the resource last mentioned, as well as to 
obviate disagreeable controversies and confusions, Congress 
have included in their present recommendations, a renewal of 
those of the 6th day of September, and of the 10th day of 
October, 1780. In both these respects, a liberal and final 
accommodation of all interfering claims of vacant territory, is 
an object which cannot be pressed with too much solicitude . 

* * * * 

"Wednesday, June 4, 1783. 

The committee * * to whom was referred a motion of 
Mr. Bland, for accepting the cession of territory made by the 
legislature of the commonwealth of Virginia, on the 2d day of 
January, 1781, report, that in their opinion, it will be proper 
for Congress to proceed to a determination on the report of 
the 3d of November, 1781, and which is entered on the jour- 
nal of the 1st of May, 1782, respecting the cession from the 
State of Virginia, and that a decision upon the said motion be 
postponed until that report shall be taken into consideration ; 
Whereupon, 



Boundaries of tee State of New York. 177 

Congress resumed the consideration of the report of the com- 
mittee of the 3d of November, 1781, and after debate, 

Ordered, That so much thereof as relates to the cession 
made by the commonwealth of Virginia, * * be referred 
to a committee of five members. 



Friday, June 20, 1783. 
* % # * 

Congress took into consideration the report of the commit- 
tee * * to whom were referred the act of the legislature of 
Virginia, of the 2d of January, 1781, and the reports thereon, 
and a motion of Mr. Bland for accepting the cession made in 

the said act. 

-* * * * . 

" The report being farther debated, and some amendments 
made, the delegates for New Jersey laid before Congress a 
representation and remonstrance of the legislative council and 
general assembly of the state of New-Jersey," of which the 
following are extracts: 

To the United States in Congress Assembled. 

The representation and remonstrance of the legislative council [etc.], 

sheweth. 

That the legislature of this state is informed, that the import- 
ant subject of the western, or what is commonly called crown 
lands, is soon to be re-considered and finally determined by 
Congress, especially as far as relates to the cession made by 
the legislature of the state of Virginia, in January, 1781, of a 
part of the western country or vacant territory. 

The legislature cannot but express their surprise on hearing 
that the consideration of the subject is resumed by Congress 
so speedily after its last discussion, as appears by an act of 
Congress of the 18th of April last past. * * * 

Which said act has been officially laid before us during: the 
present sitting, and appears designed by Congress to be trans- 
mitted to every state in the Union, not only to the legislatures 
thereof, but to the people at large : the legislature of this state 
23 



178 Copies of Documents Relating to the 

must be of opinion, that the latter part of the said recommen- 
dation of Congress was expressly applicable to the act of the 
legislature of the commonwealth of Virginia, as the cession 
thereby made has heretofore been deemed by Congress, a par- 
tial one, and by this state partial, unjust and illiberal. 

The legislature, to avoid unnecessary repetition, beg leave in 
the most earnest manner, to call the attention of Congress to 
the records in their possession of the proceedings of the legisla- 
ture of this state with regard to the present subject, beginning 
with their representation of the 16th of June, 1778, and at 
different periods since, in which are fully contained the just 
and uncontrovertible claims of this state to its full proportion 
of all vacant territory. 

It is particularly disagreeable to have occasion to trouble 
Congress with so many applications on this head, but the 
importance of the subject * * must be our apology. 

* * •* * 

They do therefore express their dissatisfaction with the cession 
of western territory made by the State of Virginia, in Janu- 
ary, 1781, as being far short of affording that justice which is' 
equally due to the United States at large, and request that 
Congress will not accept of the said cession, but that they will 
press upon the said state to make a more liberal surrender of 
that territory of which they claim so boundless a proportion. 

# * * * 

Thursday, September 11, and 

Saturday, September 13, 1783. 

Congress resumed the consideration of the report of the 
committee on the cession of Virginia, which after debate was 
amended, and made to contain the following concluding 
paragraph : 

As to the last condition [8. That all the remaining territory 
of Virginia, included between the Atlantic ocean and the 
south-east side of the river Ohio, and the Maryland, Pennsyl- 
vania and North-Carolina boundaries, should be guaranteed to 
the commonwealth of Virginia, by the United States.], your 



Boundaries of the State of New York. 179 

committee are of opinion, that Congress cannot agree to 
guarantee to the commonwealth of Virginia, the land described 
in the said condition, without entering into a discussion of the 
right of the state of Virginia to the said land ; and that by 
the acts of Congress it appears to have been their intention, 
which the committee cannot but approve, to avoid all discussion 
of the territorial rights of individual states, and only to 
recommend and accept a cession of their claims whatsoever 
they might be, to vacant territory. Your committee conceive 
this condition of a guarantee, to be either unnecessary or 
unreasonable ; inasmuch as, if the land above-mentioned is 
really the property of the state of Virginia, it is sufficiently 
secured by the confederation, and if it is not the property of 
that state, there is no reason or consideration for such 
guarantee. 

Your committee therefore upon the whole recommend, that 
if the legislature of Virginia make a cession conformable to 
this report, Congress accept such cession. 

On the question to agree to this report, all the states voting 
ay, except New Hampshire [not represented by a quorum], 
New Jersey and Maryland, it was resolved in the affirmative. 

Cession by Virginia. 
An act to authorize the delegates of this State in Congress, to 
convey to the United States, in congress assembled, all the 
right of this commonwealth to the territory north westward 
of the river Ohio. [Passed at a session beginning October 
20, 1783.] 

I. Whereas [the recommendation of Congress of Sept 6, 
1780, is here recited]. 

II. And Whereas [the cession on the part of Virginia of 
Jan. 2, 1781, is here referred to]. 

III. And whereas the United States in congress assembled, 
have by their act of the thirteenth of September last, stipu- 
lated the terms on which they agree to accept the cession of this 
state, should the legislature approve thereof, which terms. 



180 Copies of Documents Relating to the 

although they do not come fully up to the propositions of this 
commonwealth, are conceived on the whole, to approach so 
nearly to them, as to induce this state to accept thereof, in full 
confidence that congress will, in justice to this state for the 
liberal cession she hath made, earnestly press upon the other 
states claiming large tracts of waste and uncultivated territory, 
the propriety of making cessions equally liberal for the com- 
mon benefit and support of the union : Be it enacted by the 
General Assembly, That it shall and may be lawful for the 
delegates of this state to the Congress of the United States, 
* * to convey * * unto the United States in con- 
gress assembled, for the benefit of the said states, all right, 
title, and claim, as well of soil as jurisdiction, which this com- 
monwealth hath to the territory or tract of country within 
the limits of the Virginia charter, situate, lying, and being to 
the north-west of the river Ohio, subject to the terms and con- 
ditions contained in the before recited act of congress of the 
thirteenth day of September last, that is to say : Upon con- 
dition that the territory so ceded shall be laid out and formed 
into states, containing a suitable extent of territory, not less 
than one hundred, nor more than one hundred and fifty 
miles square, or as near thereto as circumstances will admit ; 
and that the states so formed, shall be distinct republican 
states, and admitted members of the fcederal union, having 
the same rights of sovereignty, freedom, and independence, as 
the other states ; * * That all the lands within 

the territory so ceded to the United States, and not reserved 
for or appropriated to any of the before mentioned purposes, 
or disposed of in bounties to the officers and soldiers of the 
American army, shall be considered as a common fund for the 
use and benefit of such of the United States as have become, or 
shall become members of the confederation or fcederal alliance 
of the said states, Virginia inclusive, according to their usual 
respective proportions in the general charge and expenditure, 
and shall be faithfully and bona fide disposed of for that pur- 
pose, and for no other purpose or use whatsoever. * 
• — {Henincfs Statutes, xi, 326-328. 



Boundaries of the State of New York. 181 

[In Congress.] 

Monday, March 1, 1784. 

* * * * 

A motion was made by Mr. Howell [of Rhode Island], 
seconded by Mr. Spaight [of North Carolina], 

Whereas the general assembly of Virginia at their session, 
commencing on the 20th day of October, 1783, passed an act 
to authorize their delegates in Congress to convey to the United 
States in Congress assembled, all the right of that common- 
wealth, to the territory north-westward of the river Ohio : 
And whereas the delegates of the said commonwealth, have 
presented to Congress the form of a deed proposed to be exe- 
cuted pursuant to the said act * * * 

Resolved, That the United States in Congress assembled, 
are ready to receive this deed, whenever the delegates of the 
state of Virginia are ready to execute the same. 

* * * * 

The delegates of Virginia then proceeded, and signed, sealed 
and delivered the said deed ; Whereupon Congress came to the 
following resolution : 

The delegates of the commonwealth of Virginia having 
executed the deed : 

Resolved, That the same be recorded and enrolled among 
the acts of the United States in Congress assembled. 

Thursday, April 29, 1784. 
Congress took into consideration the report of a grand com- 
mittee, to whom was referred the report of a committee on the 
subject of western territory, * * 

The report being amended, was agreed to as follows : 
Congress, by their resolution of September 6, 1780, having 
thought it advisable to press upon the states having claims to 
the western country, a liberal surrender of a portion of their ter- 
ritorial claims ; by that of the 10th of October, in the same 
year, having tixed conditions to which the union should be 
bound on receiving such cessions : and having again proposed 
the same subject to those states, in their address of April 18th, 



182 Copies of Documents Relating to the 

1783, wherein stating the national debt, and expressing their 
reliance for its discharge, on the prospect of vacant territory, 
in aid of other resources, they, for that purpose, as well as to 
obviate disagreeable controversies and confusions, included in 
the same recommendations, a renewal of those of September 
6th and October the 10th, 1780 ; which several recommenda- 
tions have not yet been complied with ; 

Resolved, That the same subject be again presented to the 
attention of the said states ; that they be urged to consider 
that the war being now brought to a happy termination by the 
personal services of our soldiers, the supplies of property by 
our citizens, and loans of money from them as well as from 
foreigners ; these several creditors have a right to expect that 
funds shall be provided on which they may rely for the indem- 
nification ; that Congress still consider vacant territory as an 
important resource : and that therefore the said states be 
earnestly pressed, by immediate and liberal cessions, to forward 
these necessary ends, and to promote the harmony of the 
union. 

Charles De Witt to Governor Clinton. 

Annapolis June 4, 1784. 
Sir. 

I take this opportunity to acquaint your Excellency that Con- 
gress adjourned last night at near eleven o clock in C — f — sion. 

Mr. Paine will some days hence be with you, who will give 
every necessary information. I am appointed one of the Com- 
mittee of the States, but I shall not stay many Days after Mr. 
Paines departure, expecting that Gen 1 M c Dougall or some 
other Delegate will take my place. I hope the Legislature 
have taken every precaution respecting the W — Territory. I 
believe Sir a Plan is formed and perhaps wrought into System 
to take that Country from us. Massachusetts Delegates have 
put in a petition yesterday from the Legislature of that State 
setting forth that New York is possessed of a part of their 
Land and requested a Court agreeably to the Confederation 
for a Decision &c, &c. I shall bring with me a Copy thereof, 



Boundaries of the State of New York. 183 

but my fears are not so great from this quarter than from a 
quarter which I do not know how to name. I shall postpone 
it to a future Day. The whole world seem to look on that 
W — Country with a wishful eye, and I fear they will go far- 
ther to obtain it, than is consistent with the peace of the 
Union. I hope however that New York will collect all its 
wisdom and take such decided and spirited steps as may coun- 
teract every unlawful attempt in the State, which if they do 
not it is lost. I do not even trust C ss. I may be too sus- 
picious but I believe it will be found to be so at last. I am 

Sir Your Excellencys 

Most Obedent Serv* 

CH. D. WITT 

His Excellency 

Governor Clinton. 
— [Clinton Papers {MS., in N. Y. State Lib.), No. 5446. 

Cession by Massachusetts. 
An Act empowering the Delegates of the Commonwealth, in 
the United States in Congress assembled, to relinquish to 
the United States certain Lands, the Property of this Com- 
monwealth. 

[Passed November 13, 1784.] 

Whereas several of the States in the Union have at present 
no interest in the great and extensive tract of uncultivated 
country, lying in the westerly part of the United States, and 
it may be reasonable that the States abovementioned should 
be interested in the aforesaid country : 

Be it enacted by the Senate and House of Representatives, 
-in General Court assembled, and by the authority of the same, 
That the delegates of this Commonwealth, in the United 
States in Congress assembled, or any three of the said dele- 
gates, be, and they hereby are authorized and empowered, for 
and in behalf of this Commonwealth, to cede or relinquish, 
by authentick conveyance or conveyances, to the United States, 
to be disposed of for the common benefit of the same, agree- 
ably to a Resolve of Congress of October the tenth, one thou- 



184 Copies of Documents Relating to the 

sand seven hundred and eighty, such part of that tract of land 
belonging to this Commonwealth, which lies between the 
rivers Hudson and Mississipjn, as tne y may think proper ; 
and to make the said cession in such manner and on such con- 
ditions as shall appear to them to be most suitable. 

— [Laws of Mass. {Boston, 1807, 8°), i, 215. 

The above act was amended on the 17th day of March 
1785, so far as to allow two delegates " to do and perform all 
matters and things which by the Act aforesaid might be done 
and performed by any three delegates," etc. 

— [Idem, i, 241. 

[In Congress.] 

Mondaf, April 18, 1785. 
On the report of a committee, * * to whom was referred 
a motion of the delegates of Massachusetts, relative of a ces- 
sion of part of that state's claims to western territory. 

Resolved, That Congress, in behalf of the United States, 
are ready to accept all the right, title, interest, jurisdiction and 
claim of the state of Massachusetts to certain western lands 
described in the form of a deed or cession, * * * 

On the question to agree to the above resolution all the 

members present, except Mr. Melancthon Smith of New York, 

voted ay. 

Tuesday, April 19, 1785. 

A motion was made by Mr. Howell, * * as follows : 

The delegates for Massachusetts having proceeded to execute 

the deed of cession mentioned in the resolution of yesterday, 

in the words following, viz. : 

* % * * 

Resolved, That Congress accept said deed of cession ; and 
that the same be recorded and enrolled among the acts of the 
United States in Congress assembled. 

The resolution passed, only Mr. Melancthon Smith of New 
York dissenting;. 



Boundaries of the State of New York. 185 

The deed of cession is in the words following: 
To all who shall see these presents, * * greeting : 
Whereas the general court of Massachusetts, on the 13th 
day of November, in the year of our Lord 1784, passed an 
act, * * in the words following : [see the said act recited 
on pp. 183, 184, together with the supplementary act of March 
17, 17S5, also before cited, p. 184.] 

* * * * 

Now therefore, know ye, that we, the said Samuel Holten 
and Rufus King, by virtue of the power and authority to us 
committed by the said acts of the general court of Massachu- 
setts before recited, in the name, and for and on behalf of the 
said commonwealth of Massachusetts, do by these presents, 
assign, transfer, quit claim, cede and convey to the United 
States of America, for their benefit, Massachusetts inclusive, 
all right, title and estate of and in as well the soil as the 
jurisdiction, which the said commonwealth hath to the terri- 
tory or tract of country within the limits of the Massachusetts 
charter, situate and lying west of the following line : That is 
to say, a meridian line to be drawn from the 45th degree of 
north latitude, through the westerly bent or inclination of lake 
Ontario, thence by the said meridian line, to the most southerly 
side line of the territory contained in the Massachusetts charter; 
but if, on experiment, the above described meridian line, shall 
not comprehend 20 miles due west, from the most westerly bent 
or inclination of the river or strait of Niagara, then we do by 
these presents * * transfer, * * all right, * * which 
the said commonwealth hath to the territory * * west of 
the following line : That is to say, a meridian line to be drawn 
from the 45th degree of north latitude, through a point 20 
miles due west from the most westerly bent or inclination of 
the river or strait of Niagara ; thence by the said meridian line 
to the most southerly side line of the territory contained in the 
Massachusetts charter aforesaid. * * 

In testimony whereof, * * * 

S. HOLTEN. 
RUFUS KING. 

24 



186 Copies of Documents Relating to the 

On the 2cl day of June, 1784, the State of North Carolina 
passed an act entitled " An Act ceding to the Congress of the 
United States certain Western Lands therein described, and 
authorizing the Delegates from this State in Congress to exe- 
cute a Deed or Deeds for the same." This act was repealed on 
the 20th of November, 1784, and has not been preserved in 
any edition of the Laws of North Carolina to which we have 
had access. The Act, Chap. XII, of the same session, how- 
ever, shows that the act of cession included %l all the territory 
which belonged to this State lying West of the Apalachian or 
Alleghany mountains." 

The before mentioned act of November 20, repealing the 
act of cession passed June 2, 1784, is in the words following : 

I. Whereas at tiie last General Assembly begun and held at 
Hillsborough on the 19th day of April last, an Act was passed 
ceding to the Congress of the United States certain Western 
Lands therein described, and authorizing the Delegates from 
this State in Congress to execute a Deed or Deeds for the same, 
w T hich Territory when ceded was to be considered as a common 
Fund for the Use and Benefit of such of the United American 
States as now are, or shall become Members of the Confedera- 
tion or Fcederal Alliance : And whereas the Cession so intended 
was made in full Confidence that the whole Expence of the 
Indian Expeditions and Militia Aids to the State of South- 
Carolina and Georgia should pass to Account in our Quota of 
the continental Expences incurred by the late War: And 
also that the other States holding Western Territory would 
make similar Cessions, and that all the States would unani- 
mously grant Imposts of five per Cent, as a common Fund for 
the Discharge of the fcederal Debt : And whereas the States of 
Massachusetts and Connecticut, after accepting the Cession of 
New -York and Virginia, have since put in Claims for the 
whole or a large Part of that Territory, and all the above 



Boundaries of the State of New York. 187 

expected Measures for constituting a substantial common Fund, 
have been either frustrated or delayed : 

II. Be it therefore enacted by the General Assembly of the 
State of North-Carolina, and it is hereby enacted by Authority 
of the same, That an Act of the last General Assembly, enti- 
tled, An Act ceding to the Congress of the United States cer- 
tain Western Lands therein described, and authorising the 
Delegates from this State to execute a Deed or Deeds for the 
same, shall be and the same is hereby repealed, and every 
Clause and Article thereof declared null and void to all Intents 
and Purposes as if the same had never been made. 
— \lredelVs Laws of N. C, p. 537. 

[In Congress.] 

Monday, May 23, 1785. 

The following preamble and resolution was adopted as the 
result of a debate upon the report of a committee appointed 
to examine the acts of the State of North Carolina, touching 
a cession of the western territory ; this report having been 
made on the preceding day : 

As the state of New- York, the commonwealth of Virginia 
and the commonwealth of Massachusetts, have each made a 
cession of western territory to the United States ; and Congress 
are ever disposed to attend to the reasonable expectations of 
each of the states of the union, touching their public services 
and expenses, 

Resolved, That it be, and it is hereby recommended to the 
State of North-Carolina to re-consider the principles of 
magnanimity and justice, that induced the passing of their act 
of 2d of June, 1784, and evince the operation of the same 
good sentiments by repealing their act of 20th day of Novem- 
ber, 1784, and directing their delegates in Congress to furnish 
a new proof of their liberality, in the execution of a deed to 
the United States of the territory ceded by the act of the 2d 
of June aforesaid. 

Saturday, September 24, 1 785. 
" The grand committee, to whom was re-committed a report 



188 Copies of Documents Relating to the 

on the subject of supplies for the year 1785," submitted a 
report of which the following was the concluding paragraph 
the portion in brackets being omitted in the report as finally, 
adopted on the twenty-sixth of the same month. 

As a motive for the cheerful payment of the sum now called 
for, as well as of the arrearages on that of April 27, 1784, the 
committee are of opinion, that the states be reminded, that 
Congress have passed an ordinance for the survey and sale 
of the western territory of the United States, and that the 
proceeds thereof will be applied as a sinking fund, to extinguish 
the principal of the domestic debt. Future requisitions for 
interest on the domestic debt, will therefore be reduced in pro- 
portion as this fund may be rendered productive. [And while 
on this subject, the committee cannot forbear mentioning that 
of the States claiming western territory, Massachusetts alone has 
made the expected cession during the last year, they are therefore 
of opinion, that the subject be again presented to the attention 
of the states which have not complied with so reasonable a' 
proposition ; and that they be once more solicited to consider 
with candour and liberality, the expectations of their sister 
states, and the earnest and repeated applications made to 
them by Congress on this subject.] 

Monday, May 22, 1786. 

Congress resumed the consideration of the report of a com- 
mittee, to whom had been referred a motion of the dele- 
gates of the State of Connecticut, relative to a cession of part 1 
of that State's claim to western territory. The report was 1 
debated on successive days, and the following resolution wasj 
finally adopted, Maryland and Virginia voting no. 

Feiday, May 26, 1786. 

On motion of Mr. Johnson, seconded by Mr. Mitchell [both 
of Connecticut], 

Resolved, That Congress, in behalf of the United States, 
are ready to accept all the right, title, interest, jurisdiction and 



Boundaries of the State of New York. 189 

jlaim of the state of Connecticut to certain western lands, 
ieginning at the completion of the 41st degree of north latitude, 
L20 miles west of the western boundary line of the common- 
wealth of Pennsylvania, as now claimed by the said common- 
wealth, and from thence by a line to be drawn north parallel 
,o, and 120 miles west of the said west line of Pennsylvania, 
md to continue north until it comes to 42 degrees 2 minutes 
lorth latitude, whenever the delegates of Connecticut shall be 
urnished with full powers, and shall execute a deed for that 
>urpose. 

Friday, July 7, 1786. 
Congress took into consideration the report of a grand com- 
nittee, to whom among other things, was referred a motion of 
tfr. Monroe, respecting the cessions of western territory, and 
brming 1 the same into states. * * * 

The following resolution was adopted : 

Resolved, That it be, and it hereby is recommended to the 
egislature of Virginia, to take into consideration their act of 
ession and revise the same, so far as to empower the United 
States in Congress assembled, to make such a division of the 
erritory of the United States lying northerly and westerly 
>f the river Ohio, into distinct republican states, not more 
han five nor less than three, as the situation of that country 
tnd future circumstances may require; which states shall 
lereafter become members of the federal union, and have the 
ame rights of sovereignty, freedom and independence as the 
>riginal states, in conformity with the resolution of Congress 
I the 10th October, 1780. 

General Washington to Wm. Grayson, in Congress. 

Mt Yernon, 26 July, 1786. 

* * * * 

For want, I suppose, of a competent knowledge of the Con- 

lecticut claim to western territory, the compromise which is 

nade with her appears to me to be a disadvantageous one for 

;he Union, and, if her right is not one of the motives (accord- 



190 Copies of Documents Relating to the 

ing to your account) for yielding to it, in my humble opinion, 

is exceedingly dangerous and bad. 1 * 

— [Sparks' Writings of Washington, ix, 178. 

[In Congress.] 

Wednesday, August 9, 1786. 

* ■* * * 
On motion of Mr. Pinckney, seconded by Mr. Lee, 
Whereas the states of Massachusetts, Connecticut, New- 
York and Virginia, have, in consequence of the recommenda- 
tion of Congress of the 6th day of September, 1780, made 
cessions of their claims to western territory, to the United 
States in Congress assembled, for the use of the United States, 

fiesolved, That the said subject be again presented to the 
view of the states of North-Carolina, South-Carolina and 
Georgia, who have not complied with so reasonable a propo- 
sition ; and that they be once more solicited to consider with 
candour and liberality the expectations of their sister states, 
and the earnest and repeated applications made to them by 

Congress on this subject. 

* * * * 

Thursday, September 14, 1786. 

* * * * 

The committee, * * to whom was referred the draught 
of a deed offered by the delegates of Connecticut, grounded 
on an act of the legislature of the said state, having reported 
" that the deed offered, is in conformity with the act of Con- 
gress of the 26th day of May last " and the delegates for 
Connecticut having thereupon proceeded and executed a deed 
of cession, agreeable to the resolution of the 26th May last, 
in the words following, * * * 

1 Alluding to the tract of countxy usually called the Connecticut Reserve, 
making a part of the state of Ohio, and situate on the south side of Lake Erie. 
* * Speaking of the measure as acceded to by Congress, Mr. Grayson 
said; " The consequence I apprehend is a clear loss of about six millions of 
acres to the United States, which had already been ceded by Virginia and 
New York. * * * * 



Boundaries of the State of New York. 191 

On motion, Resolved, That Congress accept the said deed of 
cession, and that the same be recorded and enrolled among 
the acts of the United States in Congress assembled. 
* * * -x 

Cession by South Carolina. 
AN ACT to authorize the delegates of this State in Congress to 

convey to the United States in Congress assembled, all the 

rights of this State to the territory herein described/ 

[Passed March 8, 1787.] 

Whereas, the Congress of the United States did, on the 
sixth day of September, in the year one thousand seven hun- 
dred and eighty, recommend to the several States in the Union 
having claim to western territory to make a liberal cession to 
the United States of a portion of their respective claims, for 
the common benefit of the Union ; and whereas, this State is 
willing to adopt every measure which can tend to promote the 
honor and dignity of the United States, and strengthen their 
federal union ; 

I. Be it therefore enacted by the honorable the Senate and 
House of Representatives, in General Assembly met and sit- 
ting, and by the authority thereof, That it shall and may be 
lawful for the delegates of this State to the Congress of the 
United States, or such of them as shall be assembled in Con- 
gress, * * to convey * * unto the United States in 
Congress assembled, for the benefit of the said States, all right, 
title, and claim, as well of soil as jurisdiction, which this State 
hath to the territory or tract of country within the limits of 
the charter of South Carolina, situate, lying, and being within 
the boundaries and lines hereinafter described, that is to say, 
all the territory or tract of country included within the river 
Mississippi and a line beginning at that part of the said river 
which is intersected by the southern boundary line of the State 
of North Carolina, and continuing along the said boundary 
line until it intersects the ridge or chain of mountains which 
divides the eastern from the western waters, then to be con- 
tinued along the top of the said ridge of mountains, until it 



192 Copies of Documents Relating to the 

intersects a line to be drawn due west from the head of the 
southern branch of Tugoloo river, to the said mountains, and 
thence to run a due west course to the river Mississippi. 
— [Statutes at Large of South Carolina, v, 5. 

[In Congress.] 

Thursday, August 9, 1787. 
■* * * * 

The delegates from South Carolina having laid before Con- 
gress, an act of the legislature of that state, empowering the 
delegates thereof to cede to the United States the claim of 
the said state to a certain tract of western territory ; and the 
said delegates having presented to Congress a draught of a 
deed which they were ready to sign, in compliance with the 
said act, provided Congress are willing to accept the said 
cession. 

Resolved, That Congress are ready to accept the cession of 
the claim of the state of South-Carolina * * whenever 
the delegates will execute a deed conformable to the said act. 

* -* * * 

On the same day, the delegates of the State of South Caro- 
lina, executed a deed in accordance with the terms of the act 
above recited. 

Saturday, October 20, 1787. 

* * * * 

On the report of a committee * * to whom was referred 
a motion for a representation to the states of North-Carolina 
and Georgia, on the subject of surrendering a liberal portion 
of their territorial claims, 

Resolved, That it be, and it is hereby represented to the 
states of North-Carolina and Georgia, that the lands which 
have been ceded by the other states, in compliance with the 
recommendation of this body, are now selling in large quantities 
for public securities ; that the deeds of cession from the differ- 
ent states have been made without annexing an express con- 
dition that they should not operate until the other states, 



Boundaries of the State of New York. 193 

under like circumstances, made similar cessions ; and that Con- 
gress have such faith in the justice and magnanimity of the 
states of North-Carolina and Georgia, that they only think it 
necessary to call their attention to these circumstances, not 
doubting but upon consideration of the subject, they will feel 
those obligations which will induce similar cessions, and justify 
that confidence which has been placed in them. 

* * * * 

Tuesday, July 15, 1788. 

* * * -* 

" The committee * * to whom was re-committed their 
report on a motion of the delegates of Georgia, and an act of the 
legislature of that state, passed February 1st, 1788, for ceding a 
part of the territorial claims of the said state to the United 
States," reported that * * " the committee having fully 
considered the subject referred to them, are of opinion, that 
the cession offered by the state of Georgia cannot be accepted 
on the terms proposed," * * and it was 

"Resolved, That Congress agree to the said report." 
The act of the Georgia legislature, above referred to having 
become inoperative, is not retained in any of the Collections 
of Statutes to which we have had access, but its substance 
is embodied in the report of the committee as given in the 
Journals of Congress. No further action was taken on the 
subject until the year 1798, which will be hereafter recited in 
its chronological order. 

Cession by North Carolina. 

An Act for the purpose of ceding to the United States of 

America, certain Western Lands therein described. 

[Passed at the session begun November 2, 1789.] 
Whereas the United States in Congress assembled, have 
repeatedly and earnestly recommended to the several States in 
25 



194 Copies of Documents Relating to the 

the Union, claiming or owning vacant Western Territory, to 
make Cessions of Part of the same, as a further Means, as well 
of hastening the Extinguishment of the Debts, as of establish- 
ing the Harmony of the United States ; and the Inhabitants 
of the said Western Territory being also desirous that such Ces- 
sion should be made, in order to obtain a more ample Protec- 
tion than they have heretofore received : Now this State being 
ever desirous of doing ample Justice to the public Creditors, 
as well as the establishing the Harmony of the United States, 
and complying with the reasonable Desires of her Citizens : 

I. Be it enacted * * That the Senators of this State in the 
Congress of the United States, or one of the Senators and any 
two of the Representatives of this State in the Congress of 
the United States, are hereby authorized, empowered and 
required to execute a Deed or Deeds on the Part and Behalf of 
this State, conveying to the United States of America, all 
Right, Title and Claim which this State has to the Sovereignty 
and Territory of the Lands situate within the chartered Limits 
of this State, West of a Line beginning on the extreme Height 
of the Stone Mountain, at a Place where the Virginia Line 
intersects it, running thence along the extreme Height of the 
said Mountain to the Place where the Wataugo River breaks 
.through it, thence a direct Course to the Top of the Yellow 
Mountain, where Bright' s Road crosses the same, thence along 
the Ridge of said Mountain between the Waters of Doe River 
and the waters of Rock Creek, to the Place where the Road 
crosses the Iron Mountain, from thence along the extreme 
Height of said Mountain, to where the Nolichucky River runs 
through the same, thence to the Top of the Bald Mountain, 
thence along the extreme Height of the said Mountain to the 
Painted Rock, on French-Broad River, thence along the high- 
est Ridge of the said Mountain, to the Place where it is called 
the Great-Iron or Smoaky Mountain, thence along the 
extreme Height of the said Mountain, to the Place where it is 
called TJincoy or Unaka Mountain, between the Indian Towns 
of Cowee and Old Chota, thence along the main Ridge of the 



Boundaries of the State of New York. 195 

said Mountain, to the southern Boundary of this State, upon 
the following express Conditions, and Subject thereto. * * 

— [Iredell's Laws of North Carolina, pp. 663, 664. 

The foregoing act was communicated to the Senate of the 
United States on the 1st day of February 1790, and on the 2d 
day of April of the same year, an Act was passed entitled 
" An Act to accept a cession of the claims of the State of 
North Carolina to a certain district of Western territory" in 
which the deed executed by the Senators of the State of North 
Carolina is formally recited and accepted. 

— [U.S. Statutes at Large, i, 106-109. 

Georgia Boundaries. 
An Act for the amicable settlement of limits with the state 
of Georgia, and authorizing the establishment of a govern- 
ment in the Mississippi territory. 

[Passed by Congress, April 7, 1798.] 
Section 1. Be it enacted by the Senate and House of Rep- 
resentatives of the United States of America in Congress assem- 
bled, That the President of the United States be, and he hereby 
is authorized to appoint three commissioners ; any two of whom 
shall have power to adjust and determine with such commis- 
sioners as may be appointed under the legislative authority of 
the state of Georgia, all interfering claims of the United States 
and that state, to territory situate west of the river Chata- 
houchee, north of the thirty -first degree of north latitude, and 
south of the cession made to the United States by South Caro- 
lina : And also to receive any proposals for the relinquishment 
or cession of the whole or any part of the other territory 
claimed by the state of Georgia, and out of the ordinary juris- 
diction thereof. 

* * * # 

— [ U. S. Statutes at Large, i, 549. 

On the 10th day of May 1800, Congress passed an act sup- 
plemental to last act cited above, the tenth section of which 



196 Copies of Documents Relating to the 

authorized the commissioners on the part of the United States 
" finally to settle by compromise * * any claims men- 
tioned in said act, and to receive in behalf of the United 
States a cession of any lands therein mentioned, or of the 
jurisdiction thereof, on such terms as to them shall appear 
reasonable : * * Provided, that the settlement shall be 
made and completed before the fourth day of March, one 
thousand eight hundred and three : And provided also, that 
the said commissioners shall not contract for the payment of 
any money from the treasury of the United States to the state 
of Georgia, other than the proceeds of the same lands." 

— [Idem, ii, 69. 

The State of Georgia, on the 2d day of December, 1800, 
passed an act entitled An Act to amend an Act entitled " An 
Act 1 * * to make a cession of part of the unloeated terri- 
tory of said State to the United States /" of which the follow- 
ing is an extract : 

Whereas the powers vested by the above-recited act in the 
said commissioners have been found too limited to enable 
them to carry the same into operation : 

Sec. I. Be it therefore enacted, &c, That the honorable Abra- 
ham Baldwin, James Jones, Benjamin Taliaferro, and James 
Jackson, Esqrs., representatives of this State in congress, or a 
majority of them, be and are hereby authorized and empow- 
ered to meet any person or persons who now are, or hereafter 
may be appointed on the part of the United States ; * * 
to treat * * for the sale of all or any part of territory 
within the constitutional limits of this State, west of a line 
[particularly described but not finally adopted], on such terms 
and reasonable compensation for the same as may be beneficial 
to both parties, and shall procure to this State all the land east 
and north of the aforesaid line, within a reasonable time. 
* * * * 

— [Prince's Digest of Laws of Georgia, to 1837, p. 151. 

1 Superseded by this Act, and not retained on the statute books. — [ P. 



Boundaries of the State of New York. 197 

Articles of agreement and cession were concluded between 
commissioners on the part of the United States and the State 
of Georgia respectively, on the 24th day of April 1802, which 
were communicated to Congress, two days later, by President 
Jefferson. The leading articles, so far as concerns the present 
purpose, are as follows : 

Akt. 1. The state of Georgia cedes to the United States 
all the right, title, and claim which the said state has to 
the jurisdiction and soil of the lands situated within the 
boundaries of the United States, south of the state of 
Tennessee, and west of a line beginning on the west bank of 
the Chatahouchee river, where the same crosses the boundary 
line between the United States and Spain ; running thence, 

* * upon the following express conditions, and subject 
thereto, that is to say : 

First. That out of the first net proceeds of the sales of the 

lands thus ceded, * * the United States shall pay, at their 

Treasury, one million two hundred and fifty thousand dollars 

to the state of Georgia, as a consideration for the expenses 

incurred by the said state, in relation to the said territory ; 
* * * -* 

Art. 2. The United States accept the cession above men- 
tioned, and on the conditions therein expressed : * * 

Art. 3. The present act of cession and agreement shall 
be in full force as soon as the legislature of Georgia shall 
have given its assent to the boundaries of this cession ; pro- 
vided, that the said assent shall be given within six months 
after the date of these presents ; and provided that Congress 
shall not, during the same period of six months, repeal so 
much of any former law as authorizes this agreement, and 
renders it binding and conclusive on the United States ; * * 

The foregoing articles of agreement and cession were rati- 
fied on the part of Georgia, by an act passed June 16, 1802, 
and no part of the law of the United States authorizing the 
said articles was repealed by Congress. 
— [Laws of U. S. relative to Public Lands (1817), pp. 52, 54. 



198 Copies of Documents Relating to the 

[In U. S. House of Representatives.] 

Friday, March 21, 1800. 
Mr. Marshall, from the committee to which was referred 
the consideration of the expediency of accepting from the 
State of Connecticut a cession of jurisdiction of the territory 
west of Pennsylvania, commonly called the Western Reserve 
of Connecticut, with directions to report by bill or otherwise, 
made a report of which the following are extracts : 

* * * * 

The State of Connecticut, prior to the decree of Trenton, 1 
offered to make a cession of Western territory, but under 
such restrictions that Congress refused to accept the same. In 
consequence of the above recommendation of Congress [of 
April 29, 1784], the Legislature of Connecticut resumed the 
consideration of a cession of their western territory ; and at a 
General Assembly of the State, on the second Thursday of 
May, 1786, passed the following act [authorizing cession of 
territory described in the resolution of Congress of May 26, 
1786, pp. 188,189, above.] : 

* * * * 

The cession from Connecticut was accepted by Congress in 
the same manner and form us the cessions from Virginia, New 
York, and Massachusetts. 

The Legislature of Connecticut, on the second Thursday of 
October, 1786, passed an act directing the survey of that part 
of their western territory not ceded to Congress, lying west 
of Pennsylvania, and east of the river Cayahoga, to which the 
Indian right had been extinguished ; and by the same act, 
opened a land office for the sale thereof. Under this act a 
part of said tract was sold. * * * 

As the purchasers of the land commonly called the Con- 
necticut Reserve hold their title under the State of Con- 
necticut, they cannot submit to the government established by 
the United States in the Northwestern Territory, without 

1 For a copy of this decree, see Journals of Congress, January 6, 1783. — [P. 



Boundaries of the State of New York. 199 

endangering their titles, and the jurisdiction of Connecticut 
could not be extended over them without much inconvenience. 
Finding themselves in this situation, they have applied to the 
Legislature of Connecticut to cede the jurisdiction of the said 
territory to the United States. In pursuance of such applica- 
tion, the Legislature of Connecticut, in the month of October, 
1797, passed an act authorizing the Senators of the said State 
in Congress to execute a deed of release in behalf of said 
State to the United States of the jurisdiction of said ter- 
ritory. 

The committee are of opinion that the cession of jurisdic- 
tion offered by the State of Connecticut ought to be accepted 
by the United States, on the terms and conditions specified in 
the bill which accompanies this report. 
— \_Amer. State Papers, Pub. Lands, {Puff Green), i, 86-88. 

The act recommended in the above report was passed on 
the 28th day of April, 1800, and is in the words following : 

Be it enacted by the Senate and House of Representatives 
of the United States of America, in Congress assembled, That 
the President of the United States be, and he hereby is author- 
ized to execute and deliver letters patent in the name and behalf 
of the United States, to the governor of the state of Connecticut 
for the time being, for the use and benefit of the persons hold- 
ing and claiming under the state of Connecticut, their heirs 
and assigns forever, whereby all the right, title, interest and 
estate of the United States, to the soil of that tract of land 
lying west of the west line of Pennsylvania, * * and 
extending from the said line westward one hundred and twenty 
statute miles in length, and in breadth throughout the said 
limits in length from the completion of the forty-first degree 
of north latitude, until it comes to forty-two degrees and two 
minutes north latitude, including all that territory commonly 
called the Western Reserve of Connecticut, and which was 
excepted by said state of Connecticut out of the cession by 
the said state heretofore made to the United States, * * 
shall be released and conveyed as aforesaid to the said governor 



200 Copies of Documents Relating to the 

of Connecticut, and his successors in said office, for ever, for 
the purpose of quieting the grantees and purchasers under 
said state of Connecticut, and confirming their titles to the soil 
of the said tract of land. 

Provided however, That such letters patent shall not be 
executed and delivered, unless the state of Connecticut shall, 
within eight months from passing this act, by a legislative act, 
renounce forever, for the use and benefit of the United States, 
and of the several individual states who may be therein con- 
cerned respectively, and of all those deriving claims or titles 
from them or any of them, all territorial and jurisdictional 
claims whatever, under any grant, charter or charters what- 
ever, to the soil and jurisdiction of any and all lands whatever 
lying westward, northwestward and southwestward of those 
counties in the state of Connecticut, which are bounded 
westwardly by the eastern line of the state of New York, as 
ascertained by agreement between Connecticut and New York, 
in the year one thousand seven hundred and thirty-three, 
excepting only from such renunciation the claim of the said 
6tate of Connecticut, and of those claiming from or under the 
6aid state, to the soil of said tract of land herein described 
under the name of the Western Reserve of Conneticut. 

And provided also, That the said state of Connecticut shall, 
within the said eight months * * deliver to the accept- 
ance of the President of the United States, a deed expressly 
releasing to the United States the jurisdictional claim of the 
said state of Connecticut, to the said tract of land herein 
described, under the name of the Western Reserve of Con- 
necticut, ** * 
— [ U. S. Statutes at Large, ii, 56, 57. 

In accordance with the foregoing act of Congress, the Gen- 
eral Assembly of the State of Connecticut, on the second 
Thursday of May one thousand and eight hundred, passed an 
act entitled " An Act renouncing the claims of this State to 
certain lands therein mentioned," and authorizing the Cover- 



Boundaries of the State of New York. 201 

nor of the State to execute and deliver a deed of the forrn and 
tenor directed by the said act of Congress. This deed was so 
executed, bj the then Governor Jonathan Trumbull, on the 
30th day of May, 1800, and the several cessions of western 
lands initiated by New York, in 1780, were after a lapse of 
twenty years, made complete. 

Yiews of Recent Historians. 
# * * # 

The great obstacle, however, to the adoption of the Con- 
federation, which delayed the assent of several of the smaller 
States for so long a period, was the claim of some of the larger 
States to the vacant lands lying within what they considered 
their rightful boundaries. * * This claim was strenuously 
resisted by Rhode Island, Delaware, New Jersey, and Mary- 
land. * * The effect of a tacit recognition of the claims 
of the great States upon the welfare of such a State as Mary- 
land, through the absence from the Articles of Confederation 
of any provision on the subject, was strikingly exhibited, by 
its legislature, in certain instructions to their delegates in Con- 
gress, which were laid before that body on the 21st of May, 
1779. * * Coolly and dispassionately considering the sub- 
ject, * * they then instructed their delegates to withhold 
the assent of Maryland to the Confederation, until an article 
or articles could be obtained in conformity with these views. 

Against this proposition, the State of Virginia, which had 
already ratified the Articles of Confederation, so remonstrated, 
that there appeared to be no prospect of reconciling the diffi- 
culty. At this juncture the State of New York came forward, 
and by an act of its legislature, passed on the 19th of Febru- 
ary, 1780, authorized its delegates in Congress to limit the 
western boundaries of the State, and ceded a portion of its 
public lands for the use and benefit of such of the United 
States as should become members of the federal alliance. The 
motives upon which this concession was expressly made had 
reference to the formation of the Union, by removing, as far 
2G 



202 Copies of Documents E elating to tee 

as depended upon the State of New York, the impediment 
which had so long prevented it. 

After they had received official notice of this act, by a report 
made on the 6th of September, 1780, Congress pressed npon 
the other States, similarly situated, the policy of a liberal 
surrender of a portion of their territorial claims, as they could 
not be preserved entire without endangering the stability of 
the general confederacy. — * * At the same time, they 
earnestly requested the legislature of the State of Maryland to 
accede to the Confederation. 

That state was not without examples of patriotic confidence 
among her smaller sister States. As early as the 20th of 
November, 1778, New Jersey had led the way to a generous 
trust on the part of the States which still remained out of the 
Union. She declared that the Articles of Confederation were 
in divers respects unequal and disadvantageous to her, * * 
yet, convinced of the present necessity of acceding to the con- 
federacy proposed, * * she authorized her delegates to 
accede to the Confederation. 

Delaware followed with not unequal steps. * * 

These examples were not without influence upon the councils 
of patriotic Maryland. On the 30th of January, 1781, her 
legislature passed an act, the preamble of which commences 
with these memorable words : " Whereas it hath been said, 
that the common enemy is encouraged, by this State not acced- 
ing to the Confederation, to hope that the union of the sister 
States may be dissolved ;" &c. * * The act then pro- 
ceeded to adopt and ratify the Articles of Confederation, rely- 
ing on the justice of the other States to secure the interests 
of the whole in the unoccupied western territory. 

As soon as this act of Maryland was laid before Congress, 1 the 
joyful news was announced to the country, that the Union of 

1 The delegates of Maryland did not actually ratify the Articles, until 
those of New York had executed the act of cession on behalf of that State. 
See pp. 164-166, ante — [P. 



Boundaries of the (State of New Fork. 203 

the States was consummated under the written instrument, 
which had been so long projected. 

* * * * 

The historian who may, in any generation, record these 
noble acts of patriotism and concession, should pause and con- 
template the magnitude of the event with which they were 
connected. He should pause, to render honor to the illustrious 
deeds of that great community, which first generously with- 
drew the impediment of its territorial claims ; and to the no 
less gallant confidence of those smaller States, which trusted 
to the future for the final and complete removal of the 
inequality of which they complained. He should render honor 
to the State of New York, for the surrender of a territory to 
which she believed her legal title to be complete ; a title which 
nothing but the paramount equity of the claims of the whole 
Confederacy ought to have overcome. That equity she 
acknowledged. She threw aside her charters and her title- 
deeds; she ceased to use the language of royal grants, and dis- 
carded the principle of succession. She came forth from 
among her parchments into the forum of conscience, in 
presence of the whole American people ; and — recognizing 
the justice of their claim to territories gained by their common 
efforts — to secure the inestimable blessings of union, for their 
good and for her own, she submitted to the national will the 
determination of her western boundaries, and devoted to the 
national benefit her vast claims to unoccupied territories. 

* * * ■* 

The student of American constitutional history, therefore, 
cannot fail to see, that the adoption of the first written consti- 
tution was accomplished through great and magnanimous 
sacrifices. * * It was accomplished only through the 
sacrifice of great claims ; and the fact that it was accom- 
plished, and that it led the way to our present Constitution, 
proves at once the wisdom and the patriotism of those who 
labored for it. 

* - * * * 
— [Curtis' Hist, of U. S. Constitution, i, 131-140 



204 Copies of Documents Relating to the 

One of the great inducements to the adoption of the Con- 
stitution of the United States was to give the general govern- 
ment adequate constitutional power to dispose of the western 
territory [acquired by the cession of individual states] and to 
form new states out of it. . 

* * * * 

The Confederation, although preceded by a cession of 
Western territory from the State of New York for the use of 
the United States, contained no grant of power to Congress to 
hold, manage, or dispose of such property. There had been 
while the Articles of Confederation were under discussion in 
Congress, a proposal to insert a provision, giving to Congress 
the sole and exclusive right and power to ascertain and fix the 
Western boundary of such States as claimed to the Mississippi 
or the South Sea, and to lay out the land be^yond the boundary 
so ascertained into separate and independent States, from time 
to time, as the numbers and circumstances of the inhabitants 
might require. This proposal was negatived by the vote of 
every State except Maryland and New Jersey. Its rejection 
caused the adoption of the Confederation to be postponed for 
a period of more than two years after it was submitted to the 
States. * * The steps taken by Maryland to have this 
power introduced into the Articles have already been detailed. 
But the Articles could not be amended. Congress could only 
make efforts to remove this impediment to their adoption, by 
recommending to the States to cede their territorial claims to 
the Union. * * In pressing a recommendation to this 
effect, they were greatly aided by the course of the State of 
New York, which had already authorized its delegates in 
Congress to limit its western boundaries, and to cede a portion 
of its vacant lands to the United States. 

* * * #• 
Virginia, in 1781, offered to make a cession to the United 

States of her title to lands northwest of the Ohio, upon certain 
conditions, which were not satisfactory, and the subject had 
not been acted upon in Congress when the revenue system of 
1783 was adopted for recommendation to the States. Looking 



Boundaries of the State of New York. 205 

to the prospect of vacant lands as a means of hastening- the 
extinguishment of the public debts, as well as of establishing 
the harmony of the Union, Congress accompanied the recom- 
mendation of the revenue system by new solicitations to the 
States which had made no cessions of their public lands, or had 
made them in part only, to comply fully with the former 
recommendations. This drew from the State of New Jersey, 
apprehensive that the offer of Virginia might be accepted, a 
remonstrance against the cession proposed by that State, as 
partial, unjust, and illiberal. Congress again took the subject 
into consideration, examined the conditions which the legisla- 
ture of Virginia had annexed to their proposed grant, declared 
some of them inadmissible, and stated the conditions on which 
the cession conld be received. Virginia complied with the terms 
proposed by Congress, and upon those terms ceded to the United 
States [in 1784] all right, title, and claim, both of soil and juris- 
diction, which the State then had to the territory within the 
limits of its charter, lying to the northwest of the river Ohio; 
* * that magnificent region in which now lie the powerful 
States of Ohio, Indiana, Illinois, Michigan and Wisconsin. 
* * * * 

Soon afterwards [1785], a cession was made by Massachu- 
setts of all its right and title, both of soil and jurisdiction, to 
the Western territory lying within the limits of the charter of 
that State. * * In the course of the next year [1786], 
the cession by Connecticut was made, after various negotia- 
tions, with a reservation to that State [implied rather than 
expressed] of the property in a considerable tract of country, 
since called the Connecticut Reserve [also New Connecticut 
and the Western Reserve], lying to the south of lake Erie, and 
now embraced within the State of Ohio. * * * 

A cession by South Carolina then followed, of all its claims 
to lands lying tow T ards the river Mississippi; but no other 
cessions were made to the United States under the Confedera- 
tion ; those of Georgia [1802], and North Carolina [1790], 
having been made alter the adoption of the Constitution. 
— [Idem, i, 141 {foot note), 291, 292, 295, 299, 301. 



206 Copies of Documents Relating to the 

•* * * * 

But the great stumbling-block in the way of the confedera- 
tion was the question of the Western lands. New Hampshire, 
Rhode Island, New Jersey, Pennsylvania, Delaware, and 
Maryland, six out of the thirteen states, had boundaries 
exactly defined. Massachusetts, Connecticut, Virginia, and 
the Carolinas, extended under their charters to the Pacific ; or 
to the Mississippi, since that river had been established as the 
British western boundary. Under the proclamation of 1763, 
annexing to Georgia the country west of the Altamaha and 
north of Florida, that state also claimed to extend to the 
Mississippi ; and so did New York, under color of certain 
alleged acknowledgments of her jurisdiction made during 
colonial times by the Six Nations, the conquerors, it was pre- 
tended, of the whole western territory on both shores of Lakes 
Ontario and Huron, and both banks of the Ohio, as far south 
as the Cumberland Mountains. 

By the states having no special western claims, it was 
maintained that all that vast western territory, as it must needs 
be wrested from Great Britain by joint efforts, so it ought to 
be a joint property. The immediate pecuniary value of those 
distant lands was greatly overrated. The claimant states, 
looking forward to great revenues and the speedy payment of 
their debts, as well as to extension of their inhabited territory, 
anxiously upheld both their right of jurisdiction and their pro- 
perty in the soil, while the landless states regarded with jealous 
eyes the future overflowing treasuries as well as the extensive 
limits of their neighbors. After much debate, the claimant 
states carried the day by the insertion of a provision into the 
Articles of Confederation that no state should be deprived of 
territory for the benefit of the United States ; a provision to 
which all the non-claimant states, except Maryland, reluctantly 
consented. She made a determined stand, steadily refusing to 
assent to the confederation without some guarantee that the 
equitable right of the Union to these western regions should 
be respected. 

New York, whose claim was the vaguest and most shadowy, 



Boundaries of the State of New York. 207 

led the way by giving a discretionary power to her delegates 
in Congress to cede to the Union that portion of her claims 
west of a line drawn through the westernmost extremity of 
Lake Ontario. The other claimant states were urged by Con- 
gress to follow this example, under a guarantee that the lands 
so ceded should be disposed of for the common benefit, and, 
as they became peopled, should be formed into republican 
states, to become members of the Union on the same footing 
with the others. Thus urged, Connecticut offered to cede all 
her claim to the soil of the territory west of Pennsylvania, 
excepting, however, a broad tract south of Lake Erie and 
immediately adjoining Pennsylvania, since known as the Con- 
necticut Reserve. The terror of invasion, and the hope that 
the adoption of the Articles of Confederation might inspire 
some energy into the flagging Union, induced the Assembly of 
Virginia, just before they adjourned from Richmond on the 
approach of Arnold, to cede to the United States all claim to 
the territory northwest of the Ohio ; but this cession was 
clogged by requiring a guarentee of the right of Virginia to 
the remaining territory east of the Mississippi, and north of 
35° 30' of north latitude. The New York delegates presently 
exercised the discretion with which they had been clothed, by 
executing a deed to the United States of the territory west 
of the line above mentioned ; reserving, however, a right of 
retraction, unless the same guarantee were given to New York 
as to any other state making cessions. The same day, the 
delegates from Maryland, authorized to do so by an act of 
assembly passed immediately after the Virginia cession, gave 
their signatures to the Articles of Confederation, which, being 
thus ratified by all the states, became henceforth the law of 
the Union. The question of the western lands remained, 
however, still unsettled, none of the proposed cessions having 
yet been accepted by Congress. 
— \EiUrethh U. S. EisL, iii, 398^00. 



208 Copies of Documents Relating to the 

* * «• * 

The main hindrance to a strong confederation was the 
innate unwillingness of the separate states to give up power, 
combined with a jealousy of establishing it in other hands 
than their own. * * * 

Aside from the permanent question of taxation and repre- 
sentation, what most stood in the way of an early act of union 
was the conflict of claims to the ungranted lands, which during 
the connection with Great Britain had belonged to the King. 
Reason and equity seemed to dictate that they should inure to 
the common benefit of all the states which joined to wrest 
them from the crown. The complete transferWof ownership 
from the dethroned authority to the general congress would, 
however, have been at variance with the fixed and undisputed 
idea, that each state should have the exclusive control of its 
internal policy. It was therefore not questioned that each 
member of the confederacy had acquired the sole right to the 
public domain within its acknowledged limits; but it was pro- 
posed to vindicate to the United States the great territory 
northwest of the Ohio, by investing Congress " with the exclu- 
sive power of limiting the bounds of those colonies which 
were said to extend to the South sea, and ascertaining the 
bounds of any other that appeared to be indeterminate." 
* * Jefferson spoke against the proposed power as too 
great and vague ; and protested against the competency of 
congress to decide upon the right of Virginia ; but he 
expressed the confident hope, " that the colonies would limit 
themselves." Unless they would do so, Wilson claimed for 
Pennsylvania the right to say she would not confederate. 
# * * * 

The king had possessed all the lands not alienated by royal 
grants. On the declaration of independence, the quit-rents 
were sequestered to the benefit of the proprietors, while each 
state assumed the ownership of the royal domain within its 
limits. A question was raised as to the public lands which 
might be acquired or recovered by the war, especially the 
country northwest of the Ohio, which had been transferred to 



Boundaries of the State of New York. 209 

the province of Quebec by act of parliament ; but that act 

formed one of the grievances of America; its validity was 

denied ; and the states which by their charters extended 

indefinitely west, or west and northwest, refused to accept 

the United States as the umpire to settle their boundaries, 

except with regard to each other. 

* * * * 

— [Bancroft's U. S. Jlisl., ix, 47, 55, 56, 443. 

Establishment or the New York and Massachusetts 
Boundary Line, and Agreement as to Territorial Juris- 
diction west of the Hudson River. 

A brief official statement as to the controversy pending in 
1773 between the two colonies, has already been given (pp. 
74-77). The following documents are the more important 
of those on this subject belonging to the period from 1773 
to the final compromise or " Agreement," executed December 
16, 1786, in advance of the decision of a Federal Court which 
had been appointed for this purpose : 

An ACT to appoint Commissaries to settle a Line or Lines 

of Jurisdiction, between this Colony and the Province of 

the Massachusetts-Bay. 

Pass'd the 8th March, 1773. 

I. Be it Enacted by his Excellency the Governor, the 

Council, and the General Assembly, and it is hereby Enacted 

by the Authority of the same, That the Honourable John 

Watts, the Honourable William Smith, and the Honourable 

Robert R. Livingston, and William Nicoll, Esqrs, shall be 

Commissaries on the Part of this Colony, who shall be com- 

missionated by the Governor or Commander in Chief for the 

Time being, and who shall have full Power, and are hereby 

authorized to meet witli the Commissaries, who are or may 

be appointed and in like Manner authorized and impowered 

by the Governor, Council, and General Court or Assembly, 

of the Province of the Massachusetts- Bay, at such Time or 

Times, Place or Places, as shall be agreed upon and deter- 

27 



210 Copies of Documents Relating to the 

mined by the Governors or Commanders in Chief for the 
Time being of this Colony, and the Province of the Massa- 
chusetts-Bay, then and there to agree upon a Line or Lines 
of future Jurisdiction between the said Province of the 
Massachusetts-Bay, and this Colony, on the Easterly Part of 
this Colony, to begin at the South west Corner of the Prov- 
ince of New- Hampshire, on the West Bank of Connecticut 
River, and from thence in such Manner and by such Line or 
Lines as shall be found eligible, with due Regard to the 
Rights of this Colony, to the Colony of Connecticut ; the 
Governor or Commander in Chief of this Colony for the 
Time being, and the Governor of the said Province, being 
present: And such Line or Lines so agreed upon and 
approved of, and consented to by the said Governor or Com- 
mander in Chief of this Colony, and the Governor of the 
Province of the Massachusetts- Bay for the Time being, shall 
be presented by the said Governors respectively, to his 
Majesty for his Royal Approbation ; and being ratified and 
confirmed by his Majesty, shall at all Times thereafter be the 
Line or Lines of Jurisdiction between this Colony and the 
Province of the Massachusetts- Bay ; the true and real Extent 
or Boundary of this Colony by the Royal Grants, or any Law, 
Act, Declaration, or Ordinance to the contrary thereof in 
any wise notwithstanding. 

II. And be it further Enacted by the same Authority, 
That after such Line or Lines shall be so agreed upon, approved, 
ratified and confirmed, the Commissaries appointed by this 
Act are hereby authorized and impowered to employ a Sur- 
veyor or Surveyors, Chain-bearers, and such and so many 
other Persons as may be found necessary to perform the 
executive Part, in running, marking and ascertaining the said 
Line or Lines, in Conjunction with such as may be appointed 
on the Part of the said Province of the Massachusetts- Bay 
for that Purpose. 

And to the Intent that the good Ends of this Act may not 
be defeated by the Death, Sickness, or unavoidable Absence 
of either of the Commissaries above named, 



Boundaries of the State of New York. 211 

III. Be it Enacted by the same Authority, That in case of 
any such Accident happening to any of the Commissaries, the 
major Part of the said Commissaries, or the Survivors and 
Survivor of them, shall and may execute and perform all 
such Acts as they may conceive to be expedient and necessary 
for settling the said Line or Lines of Jurisdiction between 
this Colony and the Province above-mentioned ; and that as 
fully to all the Intents and Purposes afore-mentioned, as all 
the Commissaries could or might execute and perform the 
same. 
— [Lcnos of N. Y. { Van Schaack), pj). 756, 757. 

[In N. Y. General Assembly.] 

Die Mercury, 10 ho. A. M. the 12th January, 1774. 

* * * •* 

Gentlemen of the Council, 

And Gentlemen of the General Assembly, 

* # * ■* 

In consequence of the laws passed by this colony and the 
province of the Massachusetts Bay, the commissaries appointed 
by each government have since your recess, met at Hartford, 
and in the presence, and with the consent, of the respective 
governors entered into an agreement for settling the line of 
jurisdiction between the two provinces, which I now lay before 
you. It has already been transmitted for his Majesty's appro- 
bation, and as I cannot doubt its receiving the royal sanction, 
a final period must soon be put to a controversy which, for 
many years, has not only affected the property but greatly 
disturbed the tranquility of many of his Majesty's subjects in 
both governments. 

* * * * 

WM. TRYON. 



This agreement, indented, made the eighteenth day of May, 
in the thirteenth year of the reign of his most gracious Majesty 
GEOItGE the Third, King of Great-Britain, France, and Ire- 



212 Copies of Documents Relating to the 

land, Defender of the Faith, &c. and in the year of our Lord 
one thousand seven hundred and seventy-three, between John 
Watts, William Smith, Robert R. Livingston and William 
Nicoll, Esquires, duly authorised to make such agreement, by 
virtue of a law of the Province of New-York, of the one 
part ; and William Brattle, Joseph Hawley, and John Han- 
cock, Esquires, thereunto also duly authorised, by virtue of 
a law of the province of the Massachusetts Bay, of the other 
part, witnesseth, that the Commissaries aforesaid, being met 
at Hartford, in the Colony of Connecticut, for the settlement 
of a partition line of jurisdiction between the said provinces of 
New-York and the Massachusetts Bay, on the easterly part 
of the said province of New- York, and from the south to the 
north boundaries of the said Massachusetts Bay, in pursuance 
of the said laws and certain commissions respectively issued to 
the Commissaries above named, by the Governors of the prov- 
inces aforesaid, and in compliance with the royal recommenda- 
tion heretofore signified to Sir Henry Moore, Baronet, and 
Francis Bernard, Esquire, the then Governors of the said prov- 
inces, by letters from the Right Honourable the Earl of Shel- 
burn, late one of his Majesty's principal secretaries of state ; 
and after having had divers conferences relative to the afore- 
said boundary of the said provinces, they the said commissaries 
do thereupon unanimously agree, that the following line, that 
is to say — a line beginning at a place fixed upon by the two 
governments of New-York and Connecticut, in or about the 
year of our Lord one thousand seven hundred and thirty-one, 
for the northwest corner of a tract of land commonly called 
the Oblong, or equivalent land ; and running from the said 
corner north twenty-one degrees, ten minutes and thirty 
seconds east, as the magnetic needle now points, to the north 
liiue of the Massachusetts Bay, shall at all times hereafter be 
the line of jurisdiction between the said province of the Massa- 
chusetts Bay and the said province of New- York, in all and 
every part and place where the said province of New- York, 
on its eastern boundary, shall adjoin on the said province of 
the Massachusetts-Bay. In testimony whereof the commis- 



Boundaries of the State of New York. 213 

saries aforesaid have hereunto set their hands and seals, the 
day and year first above-mentioned. 

JOHN WATTS, (l. s.) 

WLLLIAM SMITH, (l. s.) 

ROBERT R. LIVINGSTON, (l. s.) 

WILLIAM NICOLL, (l. s.) 

WILLIAM BRATTLE, ( L . s.) 

JOSEPH HAWLEY, ( L . s.) 

JOHN HANCOCK, (l. s.) 
Sealed and delivered in the presence of 
Eliphalet Dyer, 
Wm. Samuel Johnson. 

We, the Governors of the provinces aforesaid, having been 
present at the execution of the agreement aforesaid, in testi- 
mony of our consent thereto, and of our approbation thereof, 
have hereunto set our hands and seals, at Hartford aforesaid, 
this eighteenth day of May, in the year of our Lord one 
thousand seven hundred and seventy-three, and the thirteenth 
year of his Majesty's reign. 

Wm TRYON, (l. s.) 

T. HUTCHINSON, (l. s.) 
Sealed and delivered in the presence of 
Eliphalet Dyer, 
Wm. Samuel Johnson. 
— [Journal of JV. Y. Gen. Assembly, 1774, pp. 4-6. 

[In N. Y. Legislature.] 
City of New York, October 18th, 1784. 
Gentlemen of the Senate and Assembly, 
Since the close of the last session, the Legislature of the 
State of Massachusetts have thought fit to set up a claim to 
lands which, it is to be inferred, from their Petition to the 
Honorable the United States in Congress, lie some where 
within the antient jurisdiction of this State, but in what part, 
or to what extent is left in obscurity. They have, notwith- 



214 Copies of Documents Relating to the 

standing, requested, that a Federal Court may be appointed 
for enquiring into and determining such claim ; and Congress 
have accordingly assigned the first Monday in December next, 
for the appearance of both States, and such other proceedings 
as are directed by the Articles of Confederation and Perpetual 
Union. From the Act of Congress of the 3d day of June 
last on this subject, and the papers accompanying it, you will 
perceive the necessity of appointing Agents to manage the 
controversy on the part of this State ; and of calling for an 
explicit description of the lands claimed by the Massachusetts, 
without which we must be exposed, in our defence, to 
unnecessary difficulties and expence. The importance of these 
measures, and the election of Delegates and of members to 
compose a council of Appointment, for the ensuing year were 
the principal inducements to your being assembled at a season 
which I am sensible must be inconvenient. 

* * * ' * 

GEORGE CLINTON. 
— [Senate Journal, 1784, p. 4. 

An ACT supplementary to the Act, entitled, An Act to appoint 
Agents or Commissioners for vindicating the Right and 
Jurisdiction of this State, against the Claims of the Com- 
monwealth of the Massachusetts, pursuant to the Articles 
of Confederation and perpetual Union of the United States. 

Passed 28th April, 1786. 
Whereas in and by the Act, entitled, An Act to appoint 
Agents or Commissioners [etc., as in the above title of this 
act] passed the 12th of November, 1784, James Duane, 
John Jay, Robert R. Livingston, Egbert Benson and Walter 
Livingston, Esquires, were declared to be Agents for this State, 
in the Controversy between this State and the Commonwealth 
of the Massachusetts, as mentioned in the said Act. And 
whereas the said John Jay and Walter Livingston, have 
informed this Legislature, that they cannot attend the 
Duties required of them by the said Act, by Reason of the 
Offices they severally hold under the United States, and have 



Boundaries of the State of New York. 215 

requested to resign their Appointments as Agents in the Con- 
troversy aforesaid, whereby it is become necessary that other 
Persons be appointed in the Place of the said John Jay and 
Walter Livingston. Therefore, 

I. Be it Enacted * * That John Raring, Melancton, 
Smithy Robert Yates and John Lansing, Junior, Esquires, be, 
and they are hereby appointed and declared to be Agents in 
the Place of the said John Jay and Walter Livingston, for this 
State, in the Controversy aforesaid. 

II. And in order that the said Controversy may be brought 
to a speedy Issue ; Be it further Enacted * * That the 
said James Duane, Robert R. Livingston, Egbert Benson, John 
Haring, Melancton Smith, Robert Yates and John Lansing, 
Junior, or such of them as shall attend the Trial of the Con- 
troversy aforesaid, at the Federal Court appointed to deter- 
mine the same, have a Credit on the Treasury for a Sum not 
exceeding Four Thousand Pounds, to be paid them by the 
Treasurer of this State on Account. 

III. And be it further Enacted * * That it shall and 
may be lawful for the said James Duane, [and others, as above] 
or any five or more of them, to settle the said Controversy 
between this State and the Commonwealth of the Massachu- 
setts, otherwise than by the said Federal Court, as mentioned 
in the said Act, in such Manner as they shall judge most con- 
ducive to the Interest of this State. 

— [Laws of N. Y. {Jones and Varick), i, 318, 319. 



216 Copies of Documents Relating to the 

Agreement entered into by the Commissioners 

appointed to settle the Controversy between the Common- 
wealth of Massachusetts and the State of New -York, respect- 
ing Lands lying westward of Hudson's River. 

To all to whom these Presents shall come, 
The underwritten John Lowell, James Sullivan, Theophilus 
Parsons and Rufus King, Agents or Commissioners appoin- 
ted by the Commonwealth of Massachusetts, of the one part, 
and the underwritten James Duane, Robert R. Livingston, 
Robert Yates, John Haring, Melancton Smith, and Egbert 
Benson, six of the Commissioners appointed by the State of 
New- York, of the other part ; 

SEND GREETING: 

Whereas the Commonwealth of Massachusetts, did hereto- 
fore present a petition to the United States in Congress assem- 
bled, thereby among other things, stating, that all that terri- 
tory which in the said petition is described as all that part of 
New-England in America, which lieth and extendeth between 
a great river, called Merrimack, and a certain other river there 
called Charles- River, being the bottom of a bay there called 
Massachusetts- Bay and also, all those lands lying within three 
English miles to the southward of the southernmost part of the 
said bay, and extending thence northward in latitude to north- 
ward of every part of the said river Merrimack, and in breadth, 
of latitude aforesaid, extending throughout all the main land, 
in longitude westerwardly to the southern ocean, was the 
just and proper right of the said Commonwealth ; and farther 
stating, That the State of New -York had set up a claim to 
some part of the land before mentioned ; the said Commonwealth 
did, therefore, by the said petition, solemnly request of the 
United States in Congress, that Commissioners might be 
appointed for enquiring into and determining upon the claim 
aforesaid, of the Legislature of the said Commonwealth, and 
that such other proceedings respecting the premises, might be 
had, as are by the federal government of the said United States, 
in such case made and provided, as by the said petition tiled 



Boundaries of the State of New York. 217 

among the archives of the United States, reference being there- 
unto had, may more fully appear : And whereas, the State of 
New - York doth, in opposition to the said claim of the Com- 
monwealth of Massachusetts, claim as the just and proper 
right of the said State, as well in respect of property, as juris- 
diction, all those lands and territories bounded on the north, by 
the parallel of latitude passing through the said point, place or 
boundary aforesaid, of three miles to the northward of every 
part of the said river Merrimack, and bounded on the south 
by the parallel of latitude passing through the said point or 
place, situate three miles south of the southermost part of said 
bay, called Massachusetts- Bay, bounded on the west by the 
limits between the United States and the King of Great-Brit- 
ain and the line of cession from the State of New -York, to the 
United States, and bounded on the east by the line agreed on, 
and established between the late colony of the Massachusetts- 
Bay and the late colony of New -York, in the year one thou- 
sand seven hundred and seventy-three, and from the northern 
termination of the said line then bounded on the east by the 
west bank of Connecticut- River : And whereas, the State 
of New -York having been duly notified, did appear by their 
lawful agents to vindicate such their said right against the said 
claim of the said Commonwealth ; and proceedings were there- 
upon had in Congress, pursuant to the articles of confederation, 
in order to the appointment of Commissioners or Judges to con- 
stitute a Court for hearing and determining the said matters in 
question : And whereas, the said John Lowell, James Sullivan, 
Theophilus Parsons and Rufus King, were afterwards, by a cer- 
tain commission under the seal of the said Commonwealth, and 
bearing date the twenty-sixth day of April, in the ninth year 
of the independence of the United States, and made in pur- 
suance of an act of the Legislature of the said Commonwealth, 
passed the fourteenth day of March, in the eighth year of the 
independence of the United States, and of a resolution of the 
said Legislature, passed the eighteenth day of the said month 
of March — commissioned to be agents to manage, conduct 
and prosecute the claims of the said Commonwealth, to the 
28 



218 Copies of Documents Relating to the 

lands described in the said petition : And whereas, afterwards 
and pending such proceedings in Congress, the Legislature of 
the Commonwealth of Massachusetts did, by an act entitled 
an act empowering the Agents appointed by their government 
to defend the territory on the west side of Hudson's- River, 
against the claims of the State of New -York, to settle the 
controversy relative thereto, otherwise than by a federal 
Court, if they shall judge it expedient, enact, That the major 
part of the said Agents or Commissioners should be fully 
authorized and empowered to agree with the Agents or Com- 
missioners of the State of New - York, and settle the contro- 
versy respecting the territory aforesaid, by a federal Court as 
appointed by virtue of the confederation, or otherwise in such 
way and manner as they should judge would comport with 
justice and the interest of the said Commonwealth ; and the 
Legislature of the State of New - York did, by au act entitled, 
"An Act supplementary to the act entitled, an act to appoint 
Agents or Commissioners for vindicating the right and juris- 
diction of this State against the claims of the Commonwealth 
of Massachusetts, pursuant to the articles of confederation and 
perpetual union of the United States," among other things 
enact, That it should be lawful for the said James Duane, 
Robert R. Livingston,, Egbert Benson, John Haring, Melanc- 
ton Smith, and Robert Yates, and also, John Lansing jun. 
or any five or more of them, to settle the said controversy 
between the said State of New- York, and the said Common- 
wealth of Massachusetts, otherwise than by the said federal 
Court, in such manner as they should judge most conducive to 
the interest of the said State, as by the said commission and 
the said several acts, relation being thereunto had, may appear. 
Now therefore know ye, That the underwritten Commis- 
sioners on the part of the Commonwealth of Massachusetts 
and the State of New - York respectively, having by mutual 
consent assembled at the city of Hartford in the State of 
Connecticut, on the thirtieth day of November last, in order 
to the due execution of their respective trusts, and having duly 
exchanged and considered their respective powers, and declared 



Boundaries of the State of New York. 219 

the same legal and sufficient after several conferences, and to 
the end that all interfering claims and controversies between 
the said Commonwealth of Massachusetts and the said State 
of New - York, as well in respect of jurisdiction, as property, 
may be finally settled and extinguished, and peace and harmony 
forever established between them on the most solid founda- 
tion — HAVE AGREED, and by these Presents, do mutually 
for and in behalf of the said Commonwealth of Massachusetts 
and the said State of New -York, by whom respectively, they 
the said Commissioners have been so appointed and authorized 
as aforesaid, agree to the mutual cessions, grants, releases and 
other provisions following, that is to say: 

First. The Commonwealth of Massachusetts doth hereby 
cede, grant, release and confirm to the State of New - York 
forever, all the claim, right and title which the Commonwealth 
of Massachusetts hath to the government, sovereignty, aud 
jurisdiction of the lands and territories so claimed by the State 
of New - York as herein before stated and particularly specified. 

Secondly. The State of New -York doth hereby cede, 
grant, release and confirm to the Commonwealth of Massa- 
chusetts, and to the use of the Commonwealth, their grantees, 
and the heirs and assigns of such grantees forever, the right 
of pre-emption of the soil from the native Indians, and all other 
the estate, right, title and property, (the right and title of 
government, sovereignty and jurisdiction excepted) which the 
State of New -York, hath of, in, or to two hundred and thirty 
thousand and four hundred acres, to be located by the Common- 
wealth of Massachusetts, and to be situate to the northward 
of, and adjoining to the lands granted respectively to Daniel 
Cox and Robert Lettice Hooper, and their respective asso- 
ciates, and between the rivers Owega and Chenengo. And 
also, of, in or to all the lands and territories within the follow- 
ing limits and bounds, that is to say : Beginning in the north 
boundary line of the State of Pennsylvania, in the parrallel of 
forty-two degrees of north latitude, at a point distant eighty- 
two miles west from the north-east corner of the State of 
Pennsylvania, on Delaware-River, as the said boundary-line 



220 Copies of Documents Relating to the 

hath been run and marked by the Commissioners appointed 
by the States of Pennsylvania and New- York respectively, 
and from the said point or place of beginning, running 
on a due meridian north to the boundary line between 
the United States of America, and the King of Great- 
Britain y thence westerly and southerly along the said 
boundary line, to a meridian which will pass one mile 
due east from the northern termination of the Streight, or 
waters between Lake-Ontario and Lake- Erie / thence south 
along the said meridian to the south shore of Lake- Ontario ; 
thence on the eastern side of the said Streight, by aline always 
one mile distant from the parrallel to the said Streight, to Lake- 
Erie ; thence due west to the boundary line between the 
United States and the King of Great-Britain / thence along 
the said boundary line, until it meets with the line of cession 
from the State of New - York to the United States; thence 
along the said line of cession, to the northwest corner of the 
State of Pennsylvania ; and thence east along the northern 
boundary line of the State of Pennsylvania to the said place 
of beginning : And which said lands and territories so ceded, 
granted, released and confirmed, are parcel of the lands and 
territories described in the said petition. 

Thirdly. The Commonwealth of Massachusetts doth hereby 
cede, grant, release and confirm to the State of New -York 
and to the use of the State of New - York, their grantees and 
the heirs and assigns of such grantees forever, the right of pre- 
emption of the soil from the native Indians, and all other the 
estate, right, title and property, which the Commonwealth of 
Massachusetts hath of, in or to the residue of the lands and 
territories so claimed by the State of New - York, as herein 
before stated, and particularly specified. 

fourthly. That the lands so ceded, granted, released and 
confirmed to the Commonwealth of Massachusetts, or such 
part thereof as shall from time to time be and remain the 
property of the Commonwealth of Massachusetts, shall during 
the time that the same shall so be and remain such property, 
be free and exempt from all taxes whatsoever, and that no 



Boundaries of the State of New York. 221 

general or State tax shall be charged on, or collected from the 
lands hereafter to be granted by the Commonwealth of Massa- 
chusetts, or on the occupants or proprietors of such lauds, until 
fifteen years after such confirmation, as is herein after men- 
tioned, of such grants, shall have expired ; but that the lands 
so to be granted, and the occupants thereof, shall during the 
said period, be subject to town or county charges or taxes only ; 
Provided, That this exemption from general or State taxes, 
shall not be construed to extend to such duties, excises or 
imposts, to which the other inhabitants of the State of New- 
York, shall be subject and liable. 

Fifthly. That no rents or services shall be reserved in any 
grants to be made of the said lands by the Commonwealth of 
Massachusetts. 

Sixthly. That the inhabitants on the said lands and territo- 
ries, being citizens of any of the United States, holding by 
grants from the Commonwealth of Massachusetts, shall be enti- 
tled to equal rights with the other citizens of the State of New- 
York ; and further, that the citizens of the Commonwealth of 
Massachusetts, shall from time to time, and at all times here- 
after, have and enjoy the same and equal rights, respecting the 
navigation and fishery, on and in Lake Ontario and Lake Erie, 
and the waters communicating from the one to the other of 
the said lakes, and respecting the roads and portages between 
the said lakes, as shall from time to time be had and 
enjoyed by the citizens of the State of New -York ; and the 
citizens of the Commonwealth of Massachusetts shall not be 
subject to any other regulations, or greater tolls or duties to be 
made or imposed from time to time by the State of New - York, 
respecting the premises, than the citizens of the State of New- 
York shall be subject to. 

Seventhly. That no adverse possession of the said lands for 
any length of time, shall be adjudged a disseizen of the Com- 
monw T ealth of Massachusetts. 

Eighthly. That the State of New - York, so long as any part 
of the said lands shall .be, and remain the property of the Com- 
monwealth of Massachusetts, shall not cede, relinquish, or in 



222 Copies of Documents Relating to the 

any manner divest themselves of the government and jurisdic- 
tion of the said lands or any part thereof, without the consent 
of the Commonwealth of Massachusetts. 

Ninthly. That the Commonwealth of Massachusetts, may 
from time to time, by persons to be by them authorized for the 
purpose, hold treaties and conferences with the native Indians, 
relative to the property or right of soil of the said lands and 
territories hereby ceded, granted, released and confirmed to the 
Commonwealth of Massachusetts, and with such armed force 
as they shall deem necessary for the more effectual holding such 
treaty or conference ; and the Commonwealth of Massachusetts, 
within six months after such treaties shall respectively be made, 
shall cause copies thereof to be deposited in the office of the 
Secretary of the State of New -York. 

Tenthly. The Commonwealth of Massachusetts, may grant 
the right of pre-emption of the whole or of any part of the 
said lands and territories to any person or persons, who by 
virtue of such grant, shall have good right to extinguish by 
purchase, the claims of the native Indians : 1 Provided, how- 
ever, that no purchase from the native Indians by any such 
grantee or grantees, shall be valid, unless the same shall be 
made in the presence of, and approved by a superintendant to 
be appointed for such purpose by the Commonwealth of Mas- 
sachusetts, and having no interest in such purchase ; and unless 
such purchase shall be confirmed by the Commonwealth of Mas- 
sachusetts. 

Eleventhly. That the grantees of the 6aid lands and terri- 
tories under the Commonwealth of Massachusetts, shall within 
six months after the confirmation of their respective grants, 
cause such grants or the confirmation thereof, or copies of such 
grants or confirmations certified or examplified under the seal 

1 Oliver Phelps and Nathaniel Gorham purchased the whole of this tract 
from Massachusetts, but failed to meet their obligations, and a large share 
of the land reverted and was re-sold to Samuel Ogden for Robert Morris, 
May 12, 1791. Morris sold the west portion of the tract, about seven-eighths 
of the whole, to the Holland Land Company, reserving to himself a strip 
of an average width of twelve miles, known as the " Morris Reserve." 
— [Hough's Gazetteer of N. Y., 1872, p. 315. 



Boundaries of the State of New York. 223 

of the Commonwealth of Massachusetts, to be deposited in the 
said office of the Secretary of the State of New-York, to the 
end that the same may be recorded there, and after the same 
shall have been so recorded, the grantees shall be entitled to 
receive again from the said Secretary their respective grants or 
confirmations, or the copies thereof, which soever may have 
been so deposited, without any charges or fees of office whatso- 
ever, and every grant or confirmation which shall not, or of 
which shall not be so deposited, shall be adjudged void. 

IN TESTIMONY WHEREOF, the said John Lowell, 
James Sullivan, Theophilus Parsons and Rufus King, for 
and in the name and behalf of the said Commonwealth of 
Massachusetts, and the said James Duane, Robert R. Living- 
ston, Robert Yates, John Uaring, Melancton Smith and Egbert 
Benson, for and in the name and on behalf of the said State 
of New - York, have to these presents, and a duplicate thereof, 
both indented, interchangeably set their hands, and affixed 
their seals ; done at the city of Hartford aforesaid, the six- 
teenth day of December, in the year of our Lord one thousand 
seven hundred and eighty-six, and the eleventh year of the 
independence of the United States of America. 

John Lowell, (L. S.) 

James Sullivan, (L. S.) 

Theophilus Parsons, (L. S.) 
Rufus King, (L. S.) 

James Duane, (L. S.) 

Robert R. Livingston, (L. S.) 
Robert Yates, (L. S.) 

John Haring, (L. S.) 

Melancton Smith, (L. S.) 

Egbert Benson, (L. S.) 

Witness present at the sealing and delivery ; George Wyllys, 
Thomas Seymour, Jesse Root, Jeremiah Wadsworth, D. Hum- 
phreys, William. Imlay, Joseph Webb, Simeon de Witt, Lewis 
du Boys, Nathaniel Bethune. 
— [Mass. Perpetual Laws, pp. 392-397. 



224 Copies of Documents Relating to the 

[In N. Y. Legislature.] 
City of New York, January 13, 1787. 

Gentlemen of the Senate and Assembly, 

* * * * 

I have the pleasure to inform you, that the Law passed at 
the last Session of the Legislature, vesting Commissioners 
with discretionary power, to determine the controversy between 
this State and the Commonwealth of Massachusetts, otherwise 
than by a Fcederal Court, hath been carried into full effect ; 
all interfering claims both with respect to territory and juris- 
diction being finally adjusted. — The mutual agreement and 
act of cession executed with the usual solemnities by the Com- 
missioners of both States, is now laid before you ; and I have 
the fullest confidence that the conduct of your Commissioners 
in a mission equally difficult and important, will meet with 
your entire approbation ; and that adequate provision will be 
made for the services and expences which have arisen in labo- 
rious preparations for the trial, as well as in the final extin- 
guishment of the contest. 

* * * * 

GEORGE CLINTON. 

— [Senate Journal, 1787, pp. 4, 5. 

Conclusion of the New Hampshire Controversy. 
Some account of the controversy with New Hampshire, 
relative to the territory embraced in the present State of Ver- 
mont, having been given on pages 77-86, it remains to record 
the amicable adjustment of conflicting claims, in connection 

with the 

Erection of Vermont into a New State. 

An ACT appointing Commissioners with Power to declare 

the Consent of the Legislature of this State, that a certain 

Territory within the Jurisdiction thereof should Reformed 

into a new State. 

Passed 6th March, 1790. 

I. Be it enacted by the People of the State of New - York, 
represented in Senate and Assembly, and it is hereby enacted 



BOUXD ARIES OF THE STATE OF XEW YORK. 225 

by the authority of the same, That Robert Yates, Robert R. 
Livingston, John Lansing, junior, Gillian Verplanck, Simeon 
De Witt, Egbert Benson, Richard Sill, and Melancton Smith, 
shall be, and hereby are appointed commissioners, with full 
power to them, or any four of them, in their discretion as they 
shall judge the peace and interest of the United States in 
general, and of this state in particular, to require the same, and 
on such terms and conditions, and in such manner and form 
as they shall judge necessary and proper, to declare the consent 
of the legislature of this state, that such district or territory, 
within the jurisdiction, and in the north-eastern and northern 
parts thereof, as the said commissioners shall judge most con- 
venient, should be formed and erected into a new state ; and 
with farther full power to treat, conclude and agree with any 
person or persons, or any assemblies or bodies of people, 
touching the premises, or touching the ceding or relinquishing 
the jurisdiction of this state over such district or territory, or 
touching the securing or confirming of rights, titles, or pos- 
sessions of lands within such district or territory, held or 
claimed under grants from the state of New-Hampshire while 
a colony, or under grants, sales or locations made by the 
authority of the government or jurisdiction now existing, and 
exercised in the north-eastern parts of this state, under the 
name or style of the state of Vermont, against persons claim- 
ing the same lands under grants from this state while a colony, 
or since the independence thereof; and every act of any four 
or more of the commissioners hereby appointed, in the execu- 
tion of the powers aforesaid, shall be as effectual to every 
purpose, as if the same were an immediate act of the legisla- 
ture of this state. Provided, Such grants, sales or locations 
by or under Vermont, do not extend to the westward of the 
towns granted, located or occupied under the late colony of 
New-Hampshire, which lay in that part of the country afore- 
said, between the north boundary of the commonwealth of 
Massachusetts, continued from the north-west corner thereof 
towards Hudson's river, and a parallel line extending eastward 
from the point of land where Fort-Edward formerly stood, 
29 



226 Copies of Documents Relating to the 

until it meets with the west bounds of any of the said granted, 
located or occupied towns. 

II. And be it farther enacted by the authority aforesaid, 
That whatever stipulations shall be made by the commissioners 
appointed by this act, with any person or persons, or any 
assemblies or bodies of people, touching the premises, or touch- 
ing the ceding or relinquishing the jurisdiction of this state 
over such district or territory, or touching the securing of 
rights, titles or possessions of lands within such district, for a 
compensation for extinguishing the claims to lands within such 
district, as derived under the late colony of New -York, shall 
be for the use of such claimants, although in such stipulations 
such compensation should be declared to be for the use of this 
state, or for the people thereof ; and that nothing in this act 
contained shall be intended or construed to give any such 
claimant any right to any farther compensation whatsoever 
from this state, other than such compensation which may be 
so stipulated as aforesaid. 

III. And be it further enacted by the authority aforesaid, 
That the act, entitled, An act appointing commissioners with 
power to declare the consent of the legislature of this state of 
New -York, that a certain territory within the jurisdiction 
thereof, should be formed or erected into a riew state, passed 
the sixteenth day of July, in the year one thousand seven 
hundred and eighty-nine, shall be, and hereby is repealed. 
— [Laws of N. Y. (Greenleaf), ii, 297, 298. 



To all to whom these Presents shall come : 
Be it known, That Robert Yates, John Lansing, junior, 
Gulian Verplanck, Simeon De Witt, Egbert Benson, and 
Melaneton Smith, Commissioners appointed by an act of the 
Legislature of the State of New York, entitled "An act 
appointing Commissioners with power to declare the consent 
of the Legislature of this State that a certain territory within 
the jurisdiction thereof should be formed into a new State," 



Boundaries of the State of New York. 221 

passed the sixtli day of March last, do hereby, by virtue of the 
powers to them granted for the purpose, declare the consent of 
the Legislature of the State of New York, that the community 
now actually exercising independent jurisdiction as the State 
of Vermont, be admitted into the Union of the United States 
of America, and that immediately from such admission all claim 
of jurisdiction of the State of New York, within the State of 
Vermont, shall cease ; and thenceforth the perpetual boundary 
line between the State of New York and the State of Vermont 
shall be as follows, viz : Beginning at the Northwest corner of 
the State of Massachusetts; thence, Westward, along the 
South boundary of the township of Pownall, to the Southwest 
corner thereof; thence Northerly along the Western boundaries 
of the townships'of Pownall, Bennington, Shaftsbury, Arling- 
ton, Sandgate, Rupert, Pawlett, Wells, and Paulkney, as the 
said townships are now held or possessed, to the River com- 
monly called Poultney River; thence, down the same, through 
the middle of the deepest channel thereof, to East Bay ; 
thence, through the middle of the deepest channel of East 
Bay, and the waters thereof, to where the same communicate 
with Lake Champlain ; thence, through the middle of the 
deepest channel of Lake Champlain, to the Eastward of the 
Islands called the Four Brothers, and the Westward of the 
Islands called Grand Isle and Long Isle, or the Two Heroes, 
and to the Westward of the Isle La Motte, to the forty-fifth 
degree of North latitude. And the said Commissioners do 
hereby declare the will of the Legislature of the State of New 
York, that, if the Legislature of the State of Vermont shall, 
on or before the first day of January, in the year one thousand 
seven hundred and ninety-two, declare, that the State of Ver- 
mont shall, on or before the first day of June, in the year one 
thousand seven hundred and ninety four, pay to the State of 
New York the sum of thirty thousand dollars, that immedi- 
ately from such declaration by the Legislature of the State of 
Vermont, all rights and titles to lands within the State of Ver- 
mont, under grants from the Government of the late Colony 
of New York, or from the State of New York, except as here- 



228 Copies of Documents Relating to the 

inafter excepted, shall cease. Or if the Legislature of the State 
of Vermont shall not elect to make such declaration, then that, 
except in cases where the grants from New York were intended 
as confirmations of grants from New Hampshire, all rights 
and titles under grants from the Government of the late 
Colony of New York, or from the State of New York, to lands 
within the State of Vermont, which may have been granted 
by the Government of the Colony of New Hampshire, shall 
cease, and the boundaries, according to which such grants from 
the Government of the late Colony of New Hampshire have 
been held or possessed, shall be deemed to be the true bounda- 
ries. And the said Commissioners do hereby further declare 
the will of the Legislature of the State of New York, that all 
rights and title to lands within the State of Vermont, under 
grants from the Government of the late Colony of New York, 
or from the State of New York, and not granted by the Gov- 
ernment of the late Colony of New Hampshire, shall be sus- 
pended until the expiration of three years after the Governor 
of the State of Vermont, for the time being, shall have been 
notified that a Commissioner, to be appointed by the State of 
New York, after the first day of January, in the year one thou- 
sand seven hundred and ninety-two, and to reside and hold a 
public office at the City of Albany, shall have entered upon the 
execution of his office. And if, within one year after such 
notification, there shall be delivered to such Commissioner, 
either the original or a certified abstract, containing the date, 
the names of the grantees, and the boundaries of a grant from 
New York, and if, thereupon, at any time before the expiration 
of the said term of three years above mentioned, there shall 
be paid to such Commissioner, at the rate of ten cents per 
acre, for the whole or any parcel of the lands contained in such 
grant from New York, all right and title under such grant, shall, 
in respect to the lands for which payment shall so be made, cease ; 
and a receipt, under the hand and seal of such Commissioner, 
specifying the land for which payment shall be made, shall be 
evidence of the payment; and in default of delivering the 
original, or such certified abstract of the grant, to the Commis- 



Boundaries of the State of New York. 229 

sioner, within the said term of one year, for that purpose above 
limited, all right and title under the grant, in respect to which 
there shall be such default of delivery, shall cease ; but where 
the original or certified abstract of the grant shall be duly 
delivered to the Commissioner, and if thereupon payment shall 
not be duly made to the Commissioner, the right and title 
under the grant in respect to the lands for which payment shall 
not be made, shall remain; and suits for the recovery of such 
lands may be prosecuted in the ordinary course of law, provided 
the suit be commenced within ten }-ears after the State of Ver- 
mont shall have been admitted into the Union of the United 
States, otherwise the right and title under the grant from New 
York shall, in such case, also cease. In testimony whereof the 
said Commissioners, have hereunto set their hands, and affixed 
their seals, the 7th day of October, in the fifteenth year of the 
Independence of the United States of America, one thousand 
seven hundred and ninety. 

EGBERT BENSON, [l. s.] 

GULIAN VERPLANCK, [l. s.] 

ROBERT YATES, [l. b.] 

MELANCTON SMITH, [l. s.] 

SIMEON DE WITT, [l. s.] 

JOHN LANSING, Junior, [l. s.] 

RlCHAED VARICK, 1 

Alexander Hamilton, ■ 1Tr . J 

T y Witnesses. 

Samuel Jones, 

Robert Benson, J 

— [Journal U. S. H. of Rep., i, 414. 

An Act for the admission of the State of Vermont into this 
Union. Feb. 18, 1791. 
The state of Vermont having petitioned the Congress to be 
admitted a member of the United States, Be it enacted by the 
Senate and House of Representatives of the United States of 
America in Congress assembled, and it is hereby enacted and 
declared, That on the fourth day of March, one thousand seven 



230 Copies of Documents Relating to the 

hundred and ninety-one, the said state, by the name and style of 
" The State of Vermont," shall be received and admitted into 
this Union, as a new and entire member of the United States 
of America. 
— [ U. S. Statutes at Large, i, 191. 

The Present Boundaries of the State of New York, 
as described in the revised statutes. 1 

CHAPTER I. 

Of the Boundaries of the State and its Territorial 
Jurisdiction. 

Title 1. Of the boundaries of the state. 

Title 2. Of the sovereignty and jurisdiction of the state. 

Title 3. Of the places ceded to the United States. 

TITLE I. 

Of the Boundaries of the State. 
Seo. 1. Description of the boundaries of the state. 

Section 1. It being deemed useful for the information of the 
citizens and officers of this state, that its boundaries, so far as 
its jurisdiction is now asserted, should be declared, it is there- 
fore declared, that the state of New -York is bounded as 
follows : Beginning at Lyon's point in the mouth of a brook 
or river called Byram river, where it falls into Long-Island 
sound, and running thence up along said river to a rock at 
the ancient road or wading place in said river, which rock 
bears north twelve degrees and forty-five minutes east, 
five hundred and fifty rods from said point ; then north 
twenty-three degrees and forty-five minutes west, two thousand 
two hundred and ninety-two rods ; then east-north-east thirteen 
miles and sixty-four rods, which lines were established in the 
year one thousand seven hundred and twenty-five, by Francis 

1 This legal description, though anticipating, in some of its details, records 
of official acts hereafter to be given in Part second, under the head of " Field 
Work," etc., properly concludes Part first (relative to territorial extent, and 
boundaries in general) of the present work. — [ P. 



Boundaries of the State of New YoRk. 231 

Harrison, Cadwallader Colden and Isaac Hicks, commissioners 
on the part of the then province of New -York, and Jonathan 
Law, Samuel Eells, Roger Wolcott, John Copp and Edmund 
Lewis, commissioners on the part of the then colony of Con- 
necticut, and were run as the magnetic needle then pointed : 
then along an east-north-east continuation of the last mentioned 
course, one mile three-quarters of a mile and twenty-one rods, 
to a monument erected in the year one thousand seven hun- 
dred and thirty-one, by Cadwallader Colden, Gilbert Willet, 
Vincent Matthews and Jacobus Bruyn junior, commissioners 
on the part of said province, and Samuel Eells, Roger Wolcott 
and Edmund Lewis, commissioners on the part of said colony ; 
which said monument is at the south-east corner of a tract, 
known and distinguished as the oblong or equivalent lands ; 
then north twenty-four degrees and thirty minutes west, 
until intersected by a line run by said last mentioned commis- 
sioners on a course south twelve degrees and thirty minutes 
west, from a monument erected by them in the south bounds 
of Massachusetts ; which monument stands in a valley in the 
Taghkanick mountains, one hundred and twenty-one rods 
eastward from a heap of stones, in said bounds on the top or 
ridge of the most westerly of said' mountains ; then north 
twelve degrees and thirty minutes east, from a monument, 
erected by said last mentioned commissioners at said place of 
intersection and standing on the north side of a hill south- 
easterly from the easternmost end of the long pond, along the 
aforesaid line to the aforesaid monument erected in the south 
bounds of Massachusetts, being the northeast corner of the 
oblong ; then west nine degrees south along the north bounds 
of the oblong, one mile three-quarters of a mile twenty-one 
rods and five links, to a monument erected by said commis- 
sioners at the northwest corner of the oblong, and at the dis- 
tance of twenty miles from Hudson's river; which four last 
mentioned lines were established by said last mentioned com- 
missioners, and were run by them as the magnetic needle 
pointed in the year one thousand seven hundred and thirty- 
one : then north fifteen decrees twelve minutes and nine 



Uopies of Documents Relating to the 

seconds east, along the line established in the year one 
thousand seven hundred and eighty-seven, by Thomas Hutchius, 
John Ewing, and David Rittenhouse, commissioners appointed 
by the United States in congress assembled, fifty miles forty- 
one chains and seventy-nine links, to a red or black oak tree 
marked by said commissioners, which said line was run by 
said last mentioned commissioners as the magnetic needle 
pointed in the year one thousand seven hundred and eighty- 
seven ; then north eighty-two degrees and twenty minutes 
west, as the magnetic needle pointed in the year one thousand 
eight hundred and fourteen, fifty chains to a monument 
erected for the south-west corner of the State of Vermont, by 
Smith Thompson, Simeon De Witt and George Tibbits, com- 
missioners on the part of this state, and Joseph Beeman 
junior, Henry Olin and Joel Pratt second, commissioners on 
the part of the state of Vermont, which monument stands on 
the brow of a high hill, descending to the west ; then northerly 
in a straight line to a point which is distant ten chains, 
on a course south thirty-five degrees west, from the most 
westerly corner of a lot of land distinguished in the records 
of the town of Pownal, in the state of Vermont, as the 
fifth division of the right of Gamaliel Wallace, and which 
in the year one thousand eight hundred and fourteen, was 
owned and occupied by Abraham Vosburgh ; then north thirty- 
five degrees east to said corner, and along the westerly bounds 
of said lot, thirty chains to a place on the westerly bank of 
Hosick river, where a hemlock tree heretofore stood, noticed in 
said records as the most northerly corner of said lot ; then north 
one degree and twenty minutes west, six chains to a monument 
erected by the said commissioners, standing on the westerly 
side of Hosick river on the north side of the highway leading 
out of Hosick into Pownal, and near the north-westerly corner 
of the bridge crossing said river ; then north twenty-seven 
degrees and twenty minutes east, thirty chains through the bed 
bank thereof; then north twenty-five degrees west, sixteen 
of the said river, to a large roundish rock on the north-easterly 
chains and seventy links; then north nine degrees west, 



Boundaries of the State of New York. 233 

eighteen chains and sixty links to a white oak tree at the 
southwest corner of the land occupied in one thousand eight 
hundred and fourteen, by Thomas Wilsey ; then north eleven 
degrees east, seventy-seven chains to the north side of a high- 
way, where it is met by a fence dividing the possession of said 
Thomas Wilsey junior, and Emery Hunt ; then north forty- 
six degrees east, six chains ; then south sixty-six degrees east, 
twenty-six chains and twenty-five links; then north nine 
degrees east, twenty-seven chains and fifty links, to a blue slate 
stone anciently set up for the southwest corner of Bennington ; 
then north seven degrees and thirty minutes east, forty-six 
miles forty-three chains and fifty links to a bunch of hornbeam 
saplings on the south bank of Poultney river, the northern- 
most of which was marked by said lasc mentioned commis- 
sioners, and from which a large butternut tree bears north 
seventy degrees west, thirty links, a large hard maple tree 
south two chains and eighty -six links, and a white ash tree on 
the north side of said river, north seventy-seven degrees east ; 
which said several lines from the monument erected for the 
southwest corner of the state of Vermont, were established 
by said last mentioned commissioners, and were run by them 
as the magnetic needle pointed in the year one thousand eight 
hundred and fourteen ; then down the said Poultney river 
through the deepest channel thereof, to East Bay ; then through 
the middle of the deepest channel of East Bay and the waters 
thereof, to where the same communicate with Lake Champlain ; 
then through the middle of the deepest channel of Lake Cham- 
plain to the eastward of the islands called the Four Brothers, 
and the westward of the islands called the Grand Isle and Long 
Isle, or the Two Heroes, and to the westward of the Isle- 
La-Mott to the line in the forty-fifth degree of north latitude, 
established by treaty for the boundary line between 
the United States and the British dominions ; then Northern, 
west along said line to the River St. Lawrence ; then 
along the line established by the commissioners appointed 
under the sixth article of the treaty of Ghent, and into and 
up the said River St. Lawrence to the waters of Lake Ontario ; 
30 



234 Copies of Documents Relating to the 

then along the said line through the waters of said lake and 
of the Niagara river to the waters of Lake Erie ; then 
Western, westerly through the same, and along the said line, 
until intersected by a meridian line drawn through 
the most westerly bent or inclination of Lake Ontario ; then 
south along said meridian line to a monument in the beginning 
of the forty-third degree of north latitude, erected in the year 
one thousand seven hundred and eighty-seven, by Abraham 
Hardenburgh and William W. Morris, commissioners on the 
part of this state, and Andrew Ellicott and Andrew Porter, 
commissioners on the part of the state of Pennsylvania, for 
the purpose of marking the termination of the line of juris- 
diction between this state and the said state of Penn- 
Southern. sylvania ; l then east along the line established and 
marked by the said last mentioned commissioners to 
the ninetieth milestone in the same parallel of latitude, 
erected in the year one thousand seven hundred and eighty- 
six, by James Clinton and Simeon De Witt, commissioners on 
the part of this state, and Andrew Ellicott, commissioner on 
the part of Pennsylvania, which said ninetieth milestone 
stands on the western side of the south branch of the Tioga 
river; then east along the line established and marked by said 
last mentioned commissioners, to a stone erected in the year 
one thousand seven hundred and seventy -four on a small island 
in the Delaware river, by Samuel Holland and David Ritten- 
house, commissioners on the part of the colonies of New -York 
and Pennsylvania, for the purpose of marking the beginning 
of the forty-third degree of north latitude ; then down along 
said Delaware river to a point opposite to the fork or branch 
formed by the junction of the stream called Mahackamack 
with the said Delaware river, in the latitude of forty-one 

1 It is noticeable that the above description of the western boundary does 
not state (as is usual in regard to other boundaries), when, by whom, or 
under what authority it was established and run ; and it will hereafter 
appear, from documentary evidence, that the " monument at the beginning 
of the forty-third degree of north latitude " was not erected at the time, by 
the persons, or for the purpose stated in the text of the Revised Statutes. 
-[P- 



Boundaries of the State of New York. 235 

degrees twenty-one minutes and thirty-seven seconds north ; 
then in a straight line to the termination, on the east bank of 
the Delaware river, of a line run in the year one thousand 
seven hundred and seventy-four, by William Wickham and 
Samuel Gale, commissioners on the part of the then colony of 
New York, and John Stevens and Walter Rutherford, com- 
missioners on the part of the then colony of New-Jersey ; 
then along said line to a rock on the west side of Hudson's 
river, in the latitude of forty-one degrees north, marked by 
said commissioners ; then southerly along the west shore, at 
1ow t water mark of Hudson's river, of the Kill Van Kull, of 
the sound between Staten island and New-Jersey, and of Rari- 
ton bay, to Sandy hook; and then to the place of beginning, 
in such manner as to include Staten Island, and the islands of 
meadow on the west side thereof, Shooter's Island, Long Island, 
the Isle of Wight, now called Gardiner's Island, Fisher's 
Island, Shelter Island, Plumb Island, Robin's Island, Ram 
Island, the Gull Islands, and all the islands and waters in the 
Bay of New -York, and within the bounds above described. 1 
— [N. Y. Revised Statutes, 1829, i, 61-65; bth Ed, i, 77-80. 



[On the 16th of September, 1833, an agreement was concluded between 
commissioners mutually appointed by the State of New York and the State 
of New Jersey, relative to the boundary line between the two states, which 
was ratified by their respective legislatures and approved by congress. 

The confirmation by the State of New York was made by chapter 8 of 
Laws of 1834, which is here inserted.] 

The agreement entered into between the commissioners 

appointed by this state, and the commissioners appointed by 

the State of New Jersey, to settle the boundary line between 

New York and New Jersey, in the words following, viz. : 

4 ' Agreement made between t?ie commissioners on the part of the State of New York 
and the commissioners on the part of the State of Neio Jersey, relative to the 
boundary line between the two states. 

Agreement made and entered into by and between Benjamin 
F. Butler, Peter Augustus Jay and Henry Seymour, coinmis- 

1 Compiled from documents in the office of the secretary of state. 



236 Copies of Documents Relating to the 

sioners duly appointed on the part and behalf of the State of 
New York, in pursuance of an act of the legislature of the 
said state, entitled 'An act concerning the territorial limits and 
jurisdiction of the State of New York and the State of New 
Jersey,' passed January 18th, 1833, of the one part, and Theo- 
dore Frelinghuysen, James Parker and Lucius Q. C. Elmer, 
commissioners duly appointed on the part and behalf of the 
State of New Jersey, in pursuance of an act of the legislature 
of the said state, entitled 'An act for the settlement of the ter- 
ritorial limits and jurisdiction between the States of New Jersey 
and New York,' passed February 6th, 1833, of the other part. 

Article First. The boundary line between the two states 
of New York and New Jersey, from a point in the middle of 
Hudson river opposite the point on the west shore thereof, in 
the forty-first degree of north latitude, as heretofore ascertained 
and marked, to the main sea, shall be the middle of the said 
river, of the bay of New York, of the waters between Staten 
island and New Jersey, and of Raritan bay to the main sea, 
except as hereinafter otherwise particularly mentioned. 

Article Second. The State of New York shall retain its 
present jurisdiction of and over Bedlow's and Ellis' islands, 
and shall also retain exclusive jurisdiction of and over the other 
islands lying in the waters above mentioned, and now under 
the jurisdiction of that state. 

Article Third. The State of New York shall have and 
enjoy exclusive jurisdiction of and over all the waters of the 
Bay of New York, and of and over all waters of Hudson river 
lying west of Manhattan island and to the south of the mouth 
of Spuytenduyvel creek, and of and over the lands covered by 
the said waters to the low water mark on the westerly or New 
Jersey side thereof ; subject to the following rights of property 
and of jurisdiction of the State of New Jersey, that is to say: 

1. The State of New Jersey shall have the exclusive right 
of propert}' in and to the land under water lying west of the 
middle of the Bay of New York, and west of the middle of that 
part of the Hudson river which lies between Manhattan island 
and New Jersey. 



Boundaries of the State of New York. 237 

2. The State of New Jersey shall have the exclusive juris- 
diction of and over the wharves, docks and improvements made, 
and to be made, on the shore of the said state, and of and over 
all vessels aground on said shore, or fastened to any such wharf 
or dock ; except that the said vessels shall be subject to the 
quarantine or health laws, and laws in relation to passengers, 
of the State of New York, which now exist or which may 
hereafter be passed. 

3. The State of New Jersey shall have the exclusive right of 
regulating the fisheries on the westerly side of the middle 
of the said waters, provided that the navigation be not 
obstructed or hindered. 

Article Fourth. The State of New York shall have exclu- 
sive jurisdiction of and over the waters of the Kill Van Kull, 
between Staten island and New Jersey, to the westernmost end 
of Shooter's island, in respect to such quarantine laws and laws 
relating to passengers as now exist, or may hereafter be passed 
under the authority of that state, and for executing the same ; 
and the said state shall also have exclusive jurisdiction for the 
like purposes, of and over the waters of the sound, from the 
westernmost end of Shooter's island to Woodbridge creek, as to 
all vessels bound to any port in the said State of New York. 

Article Fifth. The State of New Jersey shall have and 
enjoy exclusive jurisdiction of and over all the waters of the 
sound between Staten island and New Jersey, lying south of 
Woodbridge creek, and of and over all the waters of Raritan 
bay lying westward of a line drawn from the light-house at 
Prince's bay to the mouth of Mattavan creek, subject to the 
following rights of property and of jurisdiction of the State of 
New York : 

1. The State of New York shall have the exclusive right of 
property in and to the land under water, lying between the 
middle of the said waters and Staten island. 

2. The State of New York shall have the exclusive juris- 
diction of and over the wharves, docks and improvements 
made, and to be made, on the shore of Staten island ; and of 
and over all vessels aground on said shore, or fastened to any 



238 Copies of Docuaients Relating to the 

such wharf or dock, except that the said vessel shall be subject 
to the quarantine or health laws, and laws in relation to pas- 
sengers, of the State of New Jersey, which now exist, or which 
may hereafter be passed. 

3. The State of New York shall have the exclusive right of 
regulating the fisheries between the shore of Staten island and 
the middle of the said waters, provided that the navigation of 
the said waters be not obstructed or hindered. 

Article Sixth. Criminal process issued under the authority 
of the State of New Jersey, against any person accused of an 
offense committed within that state ; or committed on board of 
any vessel being under the exclusive jurisdiction of that state 
as aforesaid ; or committed against the regulations made or to 
be made by that state, in relation to the fisheries mentioned in 
the third article ; and also civil process issued under the author- 
ity of the State of New Jersey against any person domiciled 
in that state, or against property taken out of that state to 
evade the laws thereof ; may be served upon any of the said 
waters within the exclusive jurisdiction of the State of New 
York, unless such person or property shall be on board a vessel 
aground upon, or fastened to the shore of the State of New 
York, or fastened to a wharf adjoining thereto ; or unless such 
person shall be under arrest, or such property shall be under 
seizure, by virtue of process or authority of the State of New 
York. 

Article Seventh. Criminal process issued under the author- 
ity of the State of New York, against any person accused of 
an offense committed within that state; or committed on board 
of any vessel being under the exclusive jurisdiction of that 
state as aforesaid ; or committed against the regulations made 
or to be made by that state, in relation to the fisheries men- 
tioned in the fifth article ; and also civil process issued under 
the authority of the State of New York, against any person 
domiciled in that state, or against property taken out of that 
state to evade the laws thereof ; may be served upon any of 
the said waters within the exclusive jurisdiction of the State 
of New Jersey, unless such person or property shall be on 



Boundaries of the State of New York. 239 

board a vessel aground upon, or fastened to the shore of the 
State of New Jersey, or fastened to a wharf adjoining thereto ; 
or unless such persons shall be under arrest, or such property 
shall be under seizure, by virtue of process or authority of the 
State of New Jersey. 

Article Eight. This agreement shall become binding on 
the two states when confirmed b} r the legislatures thereof 
respectively, and when approved by the congress of the United 
States. 

Done in four parts (two of which are retained by the com- 
missioners of New York, to be delivered to the governor of 
that state, and the other two of which are retained by the 
commissioners of New Jersey, to be delivered to the governor 
of that state,) at the city of New York, this sixteenth day of 
September, in the year of our Lord one thousand eight hun- 
dred and thirty-three, and of the independence of the United 
States the fifty-eighth. 

(Signed), B. F. Butler, 

Peter Augustus Jay, 
Henry Seymour, 
Theo. Frelinghuysen, 
James Parker, 
Lucius Q. C. Elmer. 

Is hereby ratified and confirmed on the part of the State of 
New York." 

[The boundary Hue between the commonwealth of Massachusetts and the 
State of New York was changed, in the year 1855, by the acceptance, on 
the part of New York, of sovereignty and jurisdiction over a portion of the 
commonwealth of Massachusetts ceded to the State of New York in the 
year 1853, and the approval of Congress, January 3, 1855. 

The acceptance by the State of New York is in chapter 586 of Laws of 
1853, which is here inserted.] 

*§ 1. Sovereignty and jurisdiction over that portion of the 
territory of the commonwealth of Massachusetts, known as the 
district of Boston corner, situate in the southwesterly corner 
of the said commonwealth of Massachusetts, and westerly of 



240 Copies of Documents Relating to the 

the southwest line of the town of Mount "Washington, in the 
county of Berkshire, ceded to the State of New York, upon 
certain conditions, by an act of the legislature of the said 
commonwealth, passed in May, 1853, entitled "An act relating 
to the separation of the district of Boston corner from this 
commonwealth, and the cession of the same to the State of 
New York," is hereby accepted by the State of New York : 
this section, however, is not to take effect until the congress 
of the United States shall consent to such cession and annexa- 
tion. [1853, eh. 586, § 1.] 

* § 2. Until the proclamation, provided in the third section 
of the act of the legislature of the said commonwealth, referred 
to in section one of this act, shall be issued, the courts of the 
said commonwealth of Massachusetts shall have authority to 
take and hold effectual civil and criminal jurisdiction in any 
cause or matter pending, or which shall have arisen anterior 
to the issuing of the said proclamation. [Same eh., § 2.] 

* § 3. His excellency, the governor of this state, for the 
better defining the limits and extent of the territory men- 
tioned in this act, shall appoint a suitable person to act in con- 
junction with proper authorities of the commonwealth of 
Massachusetts, who shall cause an accurate survey and map 
to be made of the said territory, and shall cause sufficient 
monuments to be erected in and along the eastern boundary 
line of said territory, and shall cause the said map and survey 
to be duly authenticated and filed in the office of the secretary 
of this state, as record evidence of the extent and limits of 
such cession. [Same eh., § 3.] 

* * * * 

— [N. Y. Rev. Statutes, 5th Ed., i, 80-84. 



Boundaries of the State of New York. 241 



PART II. 

FIELD AVORK AND OTHER MATTERS RELATING TO THE 

DETERMINATION OF THE SEVERAL BOUNDARY LINES, 

AND TO THE ERECTION OF MONUMENTS THEREON. 



Determination of the New York and Pennsylvania 

Joint Boundary Line. 

To the Kings most excellent Majesty in Council. 

The humble Petition of Thomas Penn and John Penn Pro- 
prietaries of Your Majesty's Province of Pennsylvania in 
America [August 26, 1774]. 
Sheweth 

That on the 4 th day of March 1680 His late Majesty King 
Charles the Second was graciously pleased By Letters Patent 
under the Great Seal to Grant unto William Penn Esquire 
(late Father of your Petitioner Thomas Penn and Grandfather 
of your Petitioner John Penn) in Fee the said Province of 
Pennsylvania 

That the Extent and Bounds of the said Province were 
expressed in the said Letters Patent in the following Words 
(that is to say) * * * * 

That the said William Penn and his Children claiming under 
him have as they humbly hope answered the Purposes for 
which the said Province was granted * * 

That the Boundary Line of the said Province of Pennsyl- 
vania hath now been finally adjusted and settled between 
your Petitioners and the late Right Honorable Frederick 
Lord Baron of Baltimore in the Kingdom of Ireland Pro- 
prietor of the Province of Maryland. * 

That at the Time of the making of the said Grant to the 
said William Penn the Continent of America was not so well 
understood as the same hath been of later Years for your Peti- 
31 



242 Copies of Documents Relating to the 

tioners conceive that the province of Maryland (which was 
granted prior to that of Pennsylvania) as bounded by the Line 
drawn by the said Commissioners extends now considerably 
farther Northward than it was apprehended the same would 
have extended at the Time of the Grant to the said William 
Penn and it is now certainly known that the Circle at twelve 
Miles distance from New Castle can never touch the begin- 
ning of the fortieth Degree of northern Latitude as the said 
Grant of the said Province of Pennsylvania supposed ; Your 
Petitioners therefore could not have three Degrees of Lati- 
tude according to the Intention of their Grant without 
encroaching upon the Province of Maryland and the Line 
between your Petitioners and Lord Baltimore which ought to 
have been run due West from the Circle twelve miles distant 
from New Castle at the beginning of the fortieth degree of 
northern Latitude was run in that direction towards the end 
of the said fortieth Degree but to the manifest prejudice of 
your Petitioners Wherefore your Petitioners apprehend that 
to the Westward of Maryland where no other Grant interferes 
they ought to have the whole Extent of three Degrees of Lati- 
tude, viz 1 : from the beginning of the fortieth to the beginning 
of the forty third Degree of northern Latitude. 

That your Petitioners also apprehend it is now certainly 
known that the said River Delaware doth extend to and beyond 
the beginning of the three and fortieth Degree of Northern 
Latitude from twelve miles distance Northwards of New Castle 
Town yet still the spot at which the two and fortieth Degree 
of Northern Latitude doth end and the forty third Degree 
doth, begin hath never been fixed and the whole Northern and 
Western Boundaries and the Southern Boundary to the West- 
ward of Maryland remain yet to be drawn. 

That great numbers of People under Grants from the Pro- 
vince of New York are settled and daily settling in those 
Parts where (as your Petitioners apprehend) the Northern 
Boundary of the said Province of Pennsylvania according to 
the Intention of their Charter ought to run and others are 
settled and daily settling without any Grants whatever in those 



Boundaries of the State of New York. 243 

Parts where (as your Petitioners apprehend) the Western 
Boundary of the said Province ought to run, and an Applica- 
tion having lately been made to your Majesty for erecting into 
separate Province a large Tract of Land on the River Ohio to 
the Westward of Pennsylvania unless the Bounds of the Pro- 
vince of Pennsylvania be set out and ascertained Your Petition- 
ers apprehend great Contentions may hereafter arise between 
the Inhabitants of the said Province and those claiming to be 
within the Lines of New York or of such other Province as 
may be erected to the Westward of Pennsylvania and many 
Outrages be committed the Perpetrators whereof by reason of 
the uncertainty of the said Northern and Western Boundaries 
will with difficulty be made amenable to the Justice of any of 
the said Provinces. 

* * * * 

Wherefore your Petitioners most humbly pray your Majesty 
that you will be graciously pleased to order such disinterested 
Persons in those Parts as your Majesty shall think most proper 
to be appointed with Power to join with such Persons as shall 
be named by your Petitioners for the marking and ascertaining 
the Beginning of the forty third Degree of Northern Latitude 
on the said River Delaware and for the marking and ascer- 
taining a strait Line to the Extent of five Degrees in Longi- 
tude due West from the Place which shall be ascertained to be 
the beginning of the forty third Degree of Northern Latitude 
to be fixed and settled as the Northern Boundary of the said 
Province of Pennsylvania and for the marking and ascertaining 
a Line due South from the Western Bounds of the said Pro- 
vince of Maryland to the Beginning of the fortieth Degree of 
Northern Latitude * * All which your Petitioners have 
thought it right to submit to your Majesty's Wisdom in Order 
that your Majesty may if you shall so please give Directions 
that the said Lines may accordingly be run to prevent any dis- 
pute which may hereafter arise touching the Boundaries of the 
said Province. 

And your Petitioners (as in all Duty bound) shall ever pray 
&c a . 
— [N. Y. Col. MSS., c, 147. 



244 Copies of Documents Relating to the 

Gov. Colden, 1ST. Y., to Gov. Penn, Pa., 1774. 

New York, 22d August, 1774. 
Sir, 

I have the Honor of your Letter of the 11th of this Month, 
with a Copy of the Petition of the Proprietors of Pensilvania 
to the King. It seems very reasonable, and I conceive no 
Objection can be made to it on the Part of this Province. I 
am entirely of your Opinion that the ascertaining and estab- 
lishing the Boundaries between the Colonies, is a Matter of 
great Importance to both, and ought to be accomplished with- 
out delay. You may, therefore, be assured that I will recom- 
mend this Business to the Assembly at their next Session. A 
Provision for the Expence must come from them, on which 
Head I can give no Answer till they meet, which will not 
probably be before the Winter. Settling the Begining of 
the 43d Degree of Latitude on Delaware Kiver, would alone 
be a Point of much Consequence, and might in a great meas- 
ure be sufficient at present to prevent Encroachments on 
either Side. This might be done much sooner, and at much 
less Expence, by Commissioners appointed by this and your 
Province, than if refer'd to Commissioners to be appointed 
by the King. The Latitude may be determined with the 
greatest certainty in the months of November and December, 
by observing the Altitude of the Pole Star, above and below 
the Pole. In this Method no calculation is necessary, nor is 
there any Dependance on the previous Work of others. 

I shall communicate your Letter and the Copy of the Peti- 
tion to the Council the first Time they meet 
I am with much respect, Sir, 

Your most Obedient, 

Humble Servant, 
CADWALLADER COLDEN. 

Directed,— Ron™* Gov r . Penn. 
— \Penn. Arch., iv, 562. 



Boundaries of the State of New York. 245 

At a Council held at the Council Chamber in the City of 
New York, on Thursday the first day of September 1774 

# * * % 

The Petition of Thomas and John Penn Esquires Proprie- 
tors of the Province of Pennsilvania to his Majesty, and Gov- 
ernor Penn's Letter to his Honor the Lieutenant Governor, 
were severally Read ; and his Honor requiring the opinion of 
the Council thereupon ; The Council humbly Advise that His 
Honor do Signify to Governor Penn, that they conceive it to 
be very expedient, that the Limits of this and the Province of 
Pennsilvania be speedily ascertained and marked out. But 
that no Engagement can be made for bearing any Part of the 
Expences until the General Assembly have taken the Subject 
Matter of Governer Penn's Letter into Consideration. 

* * * * 

— \_N~. Y. Council Minutes, MS., xxvi, 407 ; Penn. Arch., 
iv, 576. 



New York, 24th Sept'r* 1774. 
Sir: 

By the inclosed Minute of Council, you will be made 
acquainted with the sentiments of his Majesty's Council of this 
Province, upon the Letter of the 11th of last month, which 1 
had the honor to receive from you, with the Copy of your 
Petition to the King. 

In the Conversation which I had with the Gentlemen of the 
Council upon this Occasion, they were of Opinion that the 
Assembly would not be induced to bear our Proportion of the 
Expence of riming the whole Northern Boundary of Pensil- 
vania, which extends so much farther westward, than We have 
any probability of settling in many years. Our Assembly 
have experienced such a heavy expence attending the appoint- 
ment of Commissioners under the Great Seal of England, that 
it may even be apprehended they will not at any rate, choose 
to engage in that way. But We do not doubt they would be 
willing to join with you in Appointing two Gentlemen, one of 
each Province, to determine the Latitude on Delawar River, 



246 Copies of Documents Relating to the 

and the northern Boundary, so far as there is any room to 
imagine the Settlements on either side can extend for a con- 
siderable Time to come. In which way it may be done very 
effectually, at much less Expence. 

Your most Obedient, 

Humble Servant, 

CADWALLADER COLDEN. 

Directed, 

Hon ble Gov. Penn. 
— [Penn. Arch., iv, 578. 



At a Council held at the Council Chamber in the city of New 
York on Tuesday the Eighth day of November 1774. 

* * * # 

His Honor the Lieutenant Governor laid before the Board 
a Letter from The Hono ble : John Penn Esq: Governor of 
Pennsylvania informing his Honor, that the Surveyors on the 
Part of that Province, were set out, and requesting his Honor 
would direct the Surveyor on the Part of this Province to pro- 
ceed as soon as possible to the River Delaware, and in conjunc- 
tion with the Pennsilvania Surveyors to fix the Forty second 
Degree of North Latitude being the Boundary between the 
two Provinces. And the said Letter having been read, the 
council humbly advise that his Honor do request Cap 1 Holland 
to act as Surveyor on the Part of this Province, and instruct 
him to act in Conjunction with the Surveyors on the part of 
Pennsilvania in ascertaining the said Latitude of Forty two 
Degrees North being the Boundary before mentioned. 

* ■* * * 
— [N. Y. Council Minutes, MS., xxvi, 413. 



At a Council held at the Council Chamber in the City of New 
York, on Wednesday the twenty fifth day of January, 1775. 

* « -x- # 

His Honor laid before the Board the Report of the Com- 
missioners who were appointed on the Part of this Province, 



Boundaries of the State of New York. 247 

and on the Part of the Province of Pennsilvania to fix the 
Beginning of the 43 d Degree of North Latitude on the 
Mohawks or Western Branch of Delaware River, which Lati- 
tude is the Division Line between the said Provinces. And 
the said Report having been read : It is Ordered by his Honor 
with the Advice of the Council, that the said Report be Filed 
in the Secretary's Office, and also entered at large upon the 
Minutes of this Board. 

Whereas the Honorable Cadwalader Colden Esquire Lieu- 
tenant Governor of the Province of New York with the Advice 
of his Majesty's Council did on the Eighth Day of November 
last, Nominate and appoint Samuel Holland Esquire &c to 
proceed in conjunction with M r David Rittenhouse, or such 
Person as might be appointed on the part of the Province of 
Pennsylvania to fix the beginning of the 43 d Degree of North 
Latitude on the Mohawk or Western Branch of Delaware, and 
to proceed Westward as far as the Season would permit along 
the Beginning of the said Degree which is the Boundary 
between the Provinces of New York and Pennsylvania. And 
Whereas the Honorable John Penn Esquire Governor &c a . of 
Pennsylvania did on the tw T enty fourth Day of October last 
nominate and appoint the said David Rittenhouse to proceed 
on the like Service in Conjunction with the said Samuel Hol- 
land or such Person as should be appointed on the Part of the 
Province of New York ; Now We the said Samuel Holland 
and David Rittenhouse beg Leave to make the following joint 
Report of our Work viz*. 

Having in proceeding up the said River made several 
Observations with a good Hadley's Quadrant, in order to Deter- 
mine nearly the Latitude required, We fixed our Instruments 
on the spot marked A in the Annexed Draught as most con- 
venient for our purpose, particularly an excellent Astronomical 
Sector of six feet Radius made by Mr Bird, with which we 
made the following Observations, when the several Stars were 
on our Meridian. 



24' 


. 40" 


29 


23 


24 


38 


29 


22 


38 


36 


24 


39 


29 


18 



248 Copies of Documenis Relating to the 

1774 

Nov 1 " 19 th Zenith distance of a Lyra + refraction = 3°. 

23 Zenith distance ot a Cygni + refraction = 2 

24 Zenith distance of a Lyra + refraction = 3 
24 Zenith distance of a Cygni + refraction = 2 

26 Zenith distance of Castor + refraction = 9 

27 Zenith distance of a Lyra + refraction = 3 
27 Zenith distance of a Cygni + refraction = 2 

From the above Observations compared with the Declination 
of the Stars as determined by D r Bradley, corrected by Aberra- 
tion and Nutation We concluded our Latitude to be 42° 00" 
r.3 that is 132 feet too far North allowing 102 feet to a 
Second, Double this distance viz 264 feet We measured on a 
Line bearing S 60° E in order to avoid the River, and there in 
a small Island marked B in the Draught planted a Stone with 
the Letters new-yokk, Cut on one gide and on the Top LAT 43° 

var. 4° 20' Thence due West on the West side of Delaware 
River, We collected a Heap of Stones at High Water mark 
and in the said West line 4 Perches distant planted another 
Stone as at C with the Letters Pennsylvania Cut on the g outh 
side and on the Top Lat. 42° Var. 4°. 20' and from thence due 
West 18 P. marked an Ash Tree. But the rigour of the 
Season prevented us from proceeding further. 

SAMUEL HOLLAND 
DAVID RITTENHOUSE 
Dated at Philadelphia 
the 14 th . December 1774 
— [iV Y. Council Minutes, MS., xxvi, 417, 418. 

For the " Draught " above referred to, see Portfolio Map 
211, N. Y. Sec'y of State's office. 



Boundaries of the State of New York. 249 

[In N. Y. General Assembly.] 

Die Jovis, 10 ho. A. M. the 26th January, 1775. 

* * * * 

A message from his honor the Lieut. Governor, by Mr. 
Bayard, deputy secretary ; and the same being read, is in the 
words following, viz. 

Gentlemen, 

In the month of August last, Governor Penn made an 
overture to me, for settling the boundary line between this 
province and Pennsylvania. He very justly observed that, 
as the settlements under both governments were daily approach- 
ing the line, it was of great importance to have .the boundary 
marked without delay. The gentlemen of the council were 
of opinion, that it would be sufficient at this time, to find the 
beginning of the 43d degree of latitute upon the Delaware and 
Susquehannah rivers ; to mark those points, and so much of 
the boundary line as lies between them. They advised me to 
appoint Samuel Holland, Esquire, to perform the work on the 
part of this province, in conjunction with the persons whom 
Governor Penn should appoint on the part of Pennsylvania. 

Mr. Holland and Mr. Rittenhouse went upon this work in 
November last, and fixed the latitude on Delaware river. 
They met with unexpected fatigue and danger, from the 
severity of the weather, which made it impossible for them to 
proceed any farther. I send you Mr. Holland's account ; he 
lias advanced a considerable part of the amount, and I recom- 
mend to you, gentlemen, now to make provision for the pay- 
ment of this service, which I have reason to think has been 

accurately performed, 

CADWALLADER COLDEN 

New -York, 26th January, 1775. 

Ordered, 
That the said message, and the account therein mentioned, 
be refered to the consideration of the committee to whom his 

Honor's speech is committed. 

* * * * 

— [Journal of N. Y. Gen. Assem., 1775,^. 17, 18. 
32 



250 Copies of Documents Relating to the 

Die Mercurij, 10 ho. A. 31. the 15th March, 1775. 

* * * * 

The order of the day being read, the house resolved itself 
into a committee of the whole house, upon his Honor's speech, 
messages, &c. [and sundry resolutions were adopted]. 

* * # * 
Resolved, 

That it is the opiniou of this committee, that there be 
allowed unto Samuel Holland, Esq. for his services on the 
part of this colony, in conjunction with Mr. Rittenhouse, on 
the part of Pennsylvania, in fixing the beginning of the 43d 
degree of latitude upon the river Delaware, as per account, 
the sum of £202 13 6. 

* * * * 

Ordered, 
That a bill be brought in pursuant to the said resolutions. 

* * * * 

— {Journal of 2T. Y. Gen. Assem., 1775, pp. 72, 73, 76. 



State of Pennsylvania, In General Assembly, 
Monday, September 15, 1783, A. M. 

The report of the committee appointed to hold conferences 
with the city merchants, read September 10, was read the 
second time, and adopted as follows, viz ; 

That they have had sundry conferences with a committee of 
the merchants of Philadelphia touching the inland commerce 
of this State, that they are sorry to find the same subjected to 
so many obstructions owing to the ruinous condition of the 
public roads throughout this State — no object however strikes 
your committee in so forcible a manner, as that of conducting 
the streams of commerce from the river Susquehanna to the 
port of Philadelphia ; * * * 

Your Committee therefore offer the following resolutions to 
the honorable House. 



Boundaries of the State of New York. 251 

Third, — To examine the navigation of the Susquehanna to 

the sources of the same, and ascertain as near as conveniently 

may be, where the northern boundary of this state will fall, 

particularly whether any part of lake Erie is within the state 

of Pennsylvania, taking particular notes of the nature and 

geography of the county as to the practicability of roads, 

water carriage, air, soil, natural productions, &ca. 

* * * * 

\—[Penn. Arch., x, 128, 129. 

Saturday, September 20, 1783, A. M., 

Agreeable to the order for the day, the House proceeded to 
elect six Commissioners for the purposes expressed in the reso- 
lution adopted September 15, and the ballots being taken, it 
appeared, * * that William Maclay, James Wilkinson and 
William Montgomery, Esquires, were also duly elected for the 
performing the duties mentioned in the third and in the last 
of those resolutions. 
— \_Penn. Arch., x, 129-130. 



State of Pennsylvania In General Assembly, 1785. 
Friday February 18, 1785. A. M. 

The report of the committee appointed to confer with the 
Commissioners &c, read February 16, was read the second 
time and adopted as following (viz.) 

The committee appointed on the eleventh instant to confer 
with the Commissioners elected in pursuance of the third 
resolution of the General Assembly, adopted the fifteenth day 
of September 1783, to examine the navigation of the Susque- 
hanna, and to ascertain as near as conveniently may be where 
the northern boundary of this State will fall &c, beg leave to 
report. 

That the ascertaining of the Northern boundary of this 
Statu is rendered the more immediately necessary by the late 
purchase of territory from the Indians, and the design of 
opening the Land Office for the Sale of lands bordering on 
the said boundary especially as your committee are well 



252 Copies of Documents Relating to tee 

informed that the six nations of Indians have appointed one of 
their Chiefs to attend the Commissioners on the part of this 
State in running and marking the said boundary line as early, 
as the season will admit. 

* * * * 

That your committee have conferred with two of the said 
Commissioners, and find that they are nearly prepared and 
propose to set out on the business about the first of April, 
but as greater accuracy seems now to be requisite in ascertain- 
ing the northern boundary, than was formerly in contemplation, 
a further supply of mathematical instruments may be necessary. 

Your committee therefore offer the following resolutions. 

Resolved, That the Commissioners appointed in pursuance 
of the said third resolution of the General Assembly of this 
State, adopted on the fifteenth of September 1783, be directed 
to proceed as early as may be to execute the objects of their 
appointment so far as may be done without proceeding up the 
Susquehanna beyond the limits of this State, being careful to 
mark the northern boundary line thereof in such manner as 
that the same may be readily known and understood by the 
Surveyors and settlers, also by the Indians who may approach 
the same. 

Resolved, [this resolution authorizes the payment of sums 
necessary for purchasing instruments, provisions and other 
necessaries for the said service, not exceeding fifty pounds to 
eacli of the said Commissioners], 

Resolved, That the President and Supreme Executive Coun- 
cil of this State be desired to inclose the foregoing resolutions 
to the Governor of the State of New York and to request that 
Commissioners on the part of that State may be appointed to 
run and mark a temporary line between the States of Penn- 
sylvania and New York, in conjunction with the Commis- 
sioners of this State ; and that the Commissioners of this 
State be directed to meet at the north-east corner of this State, 
or Station point as heretofore settled, on the first day of April 
next. * * * * 

— [Perm. Arch., x, 412, 413. 



Boundaries of the State of New York. 253 

In Council, February 19th, 1785. 
Sir, J 

We inclose Resolutions passed yesterday by the General 
Assembly of this Commonwealth and request that Commis- 
sioners on the part of your State, may be appointed to run 
& mark a temporary Line, according to the said Resolutions. 
The Commissioners on the part of this State are, [names not 
given.] 

I am Sir, 

your most obed. Servt. 

JOHN DICKINSON. 

Directed, 

His Excellency the Governor of the State of New York. 
— [Penn. Arch., x, 412, 413. • 



Philada. 22nd Feb'y, 1785. 
Sir, 

In the prosecution of the Duties assigned us, as Commission- 
ers appointed to run the northern Boundary of this State ; we 
found it necessary to provide ourselves with a transit Instru- 
ment which we have bought, Price Thirty Pounds. Please 
therefore to Order a draught on the Treasurer for said sum ; as 
also for Fifty Pounds to be charged to, Sir, 
Your most obedient 

& Humble Servant, 

JOS. MONTGOMERY. 

Directed, * 

His Excellency, John Dickinson, Esq., in Council. 
— [Penn. Arch., x, 416. 



An ACT for running out and marking the jtirisdiction Line 
between this State and the Commonwealth of Pennsylvania. 

Passed 7th March, 1785. 
Whereas the Honorable Cadwallader Colden, Esquire, 
Lieutenant-Governor of the late Colony, now State, of New- 
York, with the Advice of the then Council, did, on the eighth 



254 Copies of Documents Relating to the 

Day of November, One Thousand Seven Hundred and Seventy- 
four, nominate and appoint Samuel Holland, Esquire, to pro- 
ceed, in conjunction with Mr. David Rittenhouse, or such other 
Person as might be appointed on the Part of Pennsylvania, 
to fix the Beginning of the Forty-third Degree of North Lati- 
tude on the Mohawk, or Western Branch of Delaware, and 
to proceed Westward, as far as the Season would permit, along 
the Beginning of the said Degree, which is the Boundary 
between this State and the State of Pennsylvania: And 
whereas the Honorable John Penn, Esquire, late Governor of 
the late Colony, now Commonwealth of Pennsylvania, did, 
on the Twenty -fourth Day of October, in the Year aforesaid, 
nominate and appoint th^said David Rittenhouse to proceed 
on the like Service, in Conjunction with the said Samuel Hol- 
land, or such other Person as should be appointed on the 
Part of the then Colony, now State of New -York: And 
whereas the said Samuel Holland and Divid Rittenhouse did, 
in Pursuance of their said respective Appointments, proceed 
on the said Business, and made a Return thereof under their 
Hands, bearing Date at Philadelphia, the fourteenth day of 
December, in the same Year; by which Return it appears , 
that the said Commissioners Ascertained and fixed the Begin- 
ning of the Forty-third Degree of North Latitude on the 
Mohaivk, or Western Branch of Delaware, and there in a small 
Island planted a Stone, with the Letters, { NEW m4 0RK ' } cut on one 
Side, and on the Top, lat. 42° : var. 4° : 20' ; thence due West, 
on the West side of Delaware River, they collected a Heap of 
Stones at High- Water Mark, and in the said West Line, four 
Perches distant, planted another Stone, with the Letters, 

j PENNSYLVANIA. J cnt Qn the g onth g^ an( J Qn the Tq ^ ^ ^o . 

var. 4° : 20' ; and from thence due West eighteen Perches, 
marked an Ash Tree ; and that the Rigour of the Season pre- 
vented them from proceeding further, as by the Report of the 
said Commissioners, filed with a Map annexed thereto, and 
filed of Record in the Secretary's Office of this State, will 
more fully appear. And whereas it is necessary that said 
Line should be run out, marked and ascertained : 



Boundaries of the State of New York. 255 

I. Therefore, ~be it Enacted by the People of the State of 
New-York, represented in Senate and Assembly, and it is 
hereby Enacted by the Authority of the same, That the Person 
administring the Government of this State for the Time 
being, by and with the Advice and Consent of the Council of 
Appointment, shall forthwith, after the passing of this Act, 
appoint and commission, under the Great Seal of this State, 
three Commissioners ; that the said Commissioners, or any two 
of them, are hereby authorized, on the Part of this State, to 
meet with such Person or Persons who may be appointed and 
authorised on the Part of the Commonwealth of Pennsyl- 
vania, at such Time or Times, Place or Places, as shall be 
agreed upon and determined by the Persons administring the 
Government of this State for the Time being, and the Com- 
monwealth of Pennsylvania, then and there to run out, mark 
and ascertain the said Line of Jurisdiction between this State 
and the Commonwealth of Pennsylvania ; beginning at the 
Place so fixed and ascertained by the said Commissioners 
as above mentioned, on the Mohawk, or Western Branch of 
Delaware, at the Beginning of the Forty-third Degree of 
North Latitude, and from thence to proceed Westward, along 
the Beginning of the said Forty-third Degree of North Lati- 
tude, as far as this State and the said Commonwealth of Penn- 
syluania border on each other. 

II. And be it Enacted by the Authority aforesaid, That 
the said Commissioners, or any two of them, be, and they are 
hereby authorised and empowered to employ a Surveyor or 
Surveyors, Chain-bearers, and such and so many other Per- 
sons as may be found necessary to perform the executive Part, 
in running, marking and ascertaining the said Line, in Con- 
junction with such Person or Persons as may be appointed 
on the part of the Commonwealth of Pennsylvania, for that 
Purpose; and such Line so agreed upon, approved of, and con- 
sented to by the said Commissioners, or any two of them, and 
such Person or Persons as' shall be appointed by and on the 
Part of the Common wealth of Pennsylvania, being reported 
to the Persons administring the Government of this State, 



256 Copies of Documents Relating to the 

and the Commonwealth of Pennsylvania, for the Time being, 
and ratified and confirmed by the Legislature of this State and 
the Legislature of the Commonwealth of Pennsylvania, shall 
hereafter be the Line of Jurisdiction between this State and 
the Commonwealth of Pennsylvania. 

III. And he it Enacted by the Authority aforesaid, That 
the said Commissioners, or any two of them, be, and they are 
hereby authorised, from Time to Time, to draw upon the 
Treasurer of this State, for such Sums of Money as they shall 
judge necessary for defraying the Expences of running out, 
marking and ascertaining the said jurisdiction Line, on the 
Part of this State, not exceeding in the Whole the Sum of 
One Thousand Pounds, for which they are to be accountable. 
— [Laws of N. Y. {Jones and Varick), i, 194, 195. 1 



New York, 11 th March, 1785. 
Sir, 

Previous to my receipt of your Excellency's Letter of the 
19 th February, inclosing Resolutions of your General Assembly, 
a Bill had originated in our Legislature for running and mark- 
ing the jurisdiction Line between this State and Pennsylvania, 
which has since passed into a Law, and I have now the Honor 
to inclose you a Copy of it. 

Your Excellency will perceive that instead of a temporary 
Line between the two States, which appears to be the object 
of your Assembly, our Law provides for the establishment of 
a permanent Line ; and I flatter myself, that upon a recon- 
sideration of the matter, your Legislature will concur in the 
Idea. I presume it will be admitted if a temporary Line only 
was to run, it should be done with accuracy to prevent the 
obvious inconveniences which the Borderers would be subject 

'A very inaccurate copy of an Act purporting to be the same as the 
above, is given in the Pcnn. Arch., x, 422-424. 

An Act supplementary to the above A.ct, providing for filling vacancies 
that might occur among the Commissioners, was passed April 21, 1787; see 
Jones and Varick, ii, 172. — [ P. 



Boundaries of the State of New York. 257 

to as the Settlements advance on either side ; and the conse- 
quent broils which the two States might be involved in by an 
incorrect Line in the first Instance, and in this Case there can 
be but little additional expence incurred in rendering it perfect 
and permanent. 

By the Act, you will observe, it is left with our Council to 
appoint Commissioners for this Service on the part of this 
State, which shall be done, and their Names transmitted to' 
your Excellency, and every other necessary Arrangement made 
on our part for carrying the business into effect, so soon as I 
shall be informed of the Concurrence of your State. 
I have the Honor to be, 

with the highest Respect, 

your Excellency's most Obed* Serv*, 

GEO. CLINTON. 
His Excellency Governor Dickinson. 

— \P&nn. Arch., x, 422. 



State of Pennsylvania. — In General Assembly, 

Thursday, March 31, 1785, A. M. 

The motion read yesterday was read the second time and 
adopted as follows, (viz :) 

Whereas, it appears by documents and papers laid before this 
General Assembly, that the Legislature of the State of New 
York have by law provided for the riming out, marking and 
ascertaining the boundary line between the Commonwealth of 
Pennsylvania and the State of New York, so that the same 
may be the fixed and permanent line of jurisdiction between 
the said States. 

Resolved, that the resolution of the fifteenth day of Sep- 
tember, 1783, for appointing Commissioners for certain pur- 
poses therein mentioned and the resolution of the eighteenth 
day of February last, for enlarging the powers of the Com- 
missioners appointed in pursuance of the said resolve of the 
fifteenth day of September aforesaid, so as to enable them to 
run out and mark a temporary line of jurisdiction between 
33 



258 Copies of Documents Relating to the 

this State and the State of New York, be, and the same hereby 

are, rescinded and made null and void. 

Resolved, that the Executive Council be, and the said Council 

is hereby empowered to draw orders on the Treasurer of this 

State for the payment of such sum or sums of money as shall 

appear to be due to each of the said Commissioners for any 

services due or expences borne by them, or either of them, 

under their appointment as aforesaid. 

* * # •* 

— \Penn. Arch., x, 710. 



In Council, April 6 th , 1785. 
Sir, 

Your Letter of the 11 th of last Month, with the Inclosure, 
we immediately communicated to the General Assembly of 
this Commonwealth, and now have the Honor of transmitting 
the Copy of an Act passed by them for ascertaining our com- 
mon Boundary. 

David Rittenhouse & Andrew Porter, Esquires, are appointed 
by us Commissioners on the part of this State. 

I am, with great Regard, Sir, 

your most obed' serv*, 

JOHN DICKINSON. 
His Excellency Gov 1- Clinton. 
— \Penn. Arch., x, 435. 



Sec'rys Office, 

Philad a , April 18th, 1785. 
Sir, 

I have to advise you that under the late Act of Assembly 

for finally determining the Northern Boundary of this State ; 

David Rittenhouse & And'w Porter, Esquires, have been 

appointed to execute that service. 

With much respect I am &c, 

JOHN ARMSTRONG, jr., S'. 
Directed, 

To William Maclay and Joseph Montgomery, Esq'rs. 
— \Penn. Arch., x, 444. 



Boundaries of the State of New York. 259 

New York, 2nd Mav, 1785. 
Sir, 

Since I had the Honor of receiving your Excellency's last 

Letter, , Philip Schuyler, James Clinton and Simeon De 

Witt, Esquires have been appointed on the Part of this State 
for running and ascertaining the jurisdiction Line between your 
State and this, so that nothing now remains to be done, but 
the appointing a Time for the commencement of the Business 
and making the necessary arrangements for carrying it into 
execution. I should suppose if these were to be submitted to 
the Gentlemen respectively appointed to perform the service, 
matters Might be so concerted by them as not only to facilitate 
it and save expences but so as best to suit their own Private 
Conveniency. I shall be happy therefore if this sentiment 
should meet with your Excellency's Concurrence. 
I have the Honor to be, Sir, 

your most Obedient Servant, 

GEO. CLINTON. 
Directed, 

To His Excellency John Dickinson, Esquire, President of 
the State of Pennsylvania. 
— [Penn. Arch., x J 450. 



Gentlemen, 

I received the inclosed Letter from Gov'r Clinton late last 
night ; & as his proposal of a Correspondence between you & 
the Commissioners of the State of New York, appears very 
proper to be adopted, I think it necessary that the Communi- 
cation should be made to you, before you set out on your 
journey to the westward. 

I shall be obliged, if you will be pleased to return the 

inclosure to-day. 

I am, Gentlemen, 

your very h'ble ser't 

May 8th 1785. JOHN DICKINSON. 

Directed, 

David Rittenhouse & Andrew Porter, Esquires. 
■ — {Penn. Arch., x, 454. 



260 Copies of Documents Relating to the 

May 8th, 1785. 
Sir, 

I thank your Excellency for communicating Governor Clin- 
ton's Letter. I likewise received one last evening from Mr. 
De Witt, one of the Gentlemen appointed by the State of New 
York for ascertaining the Boundary Line. He proposes their 
meeting us at Philadelphia to concert measures for carrying 
the business into execution, and wishes to receive our proposi- 
tions by the next Post, as he is going to set off soon for 
Albany. He says they must depend on us for the necessary 
Instruments. I believe there is no Instrument fit for the 
purpose in this part of America excepting the 6 feet Sector 
belonging to Mr. Penn. But I have been for some time 
employed in making one which will be much more portable than 
that of Mr. Penn, and, I doubt not, equally accurate. It might 
soon be finished if I was not obliged to go to the westward. 

Whether the Northern Boundary may be deferred to 

another season Council alone can determine. I wish it might, 

as it seems scarcely possible to attend to both this Summer; if 

not I see nothing more eligible than the plan agreed on viz 4 , 

for me to return some time in June, But I wish to remind 

your Excellency how little my Constitution is adapted to so 

much fatigue. 

I am, Sir, your ExcelFcys, 

very Humble Servant, 

DAY. RITTENHOUSE 
Directed, 

His Excellency, John Dickinson, Esquire. 
— \Penn. Arch., x, 454. 



Secretary's office, 

Philadelphia, May 9, 1785. 
Sir, 

Governor Clinton's letter of the 2d of May with the letters 
which passed yesterday between you & the President upon it, 
were this morning laid before Council — who after reconsider- 
ing the subject have thought proper to direct, that you & 



Boundaries of the State of New York. 261 

Coll. Porter should proceed to the westward agreeably to their 
instructions of the 6th inst. and that you should enter upon an 
immediate correspondence with the New York Commissioners 
and with them, determine when you can proceed to ascertain 
the northern Line. 

I am, Sir, with great regard 

your obed. & very hum. serv't 

JOHN DICKINSON 
Directed, 

David Rittenhouse & Andrew Porter, Esq'rs 
— \Penn. Arch., x, 455. 



May 12th, 1785. 
Dr. Sir, 

When the marking a temporary Line between this State 
and New York was talked of a small astronomical Quadrant 
was purchased for that purpose, it is very portable and would 
be useful on the western Line, not for the purpose of running 
the line or fixing the N. W. corner but for correcting the 
Geography of the Country, as it is public property and at 
present in my possession I would not hesitate to take it with 
me if I was assured that it will not be wanted by the Gentle- 
men who were going on the temporary Line. I shall be much 
obliged to you for any information on this matter. 

your's with great respect, 

DAYID PwITTENHOUSE 

Directed, 

Hon. James Irving, Esquire, V. President 
— [Penn. Arch., x, 458. 



Andrew Ellicott to nis Wife. 

Banks of the Suscmehannah, Aug. 6 th , 1786. 
My dear, 

Being determined to omit no opportunity of writing to you, 

I now embrace one with pleasure, nay with more than 

pleasure, because it recalls to my mind the happiness [ 

enjoy when at Home in my domestic situation — I have 

just returned from attending divine service of the Indians 



262 Copies of Documents Relating to the 

in their camp — This will appear no doubt strange to you, 
but stranger yet when I assure you that I have found 
more true religion and Christianity among them, than with 
the white inhabitants on the frontier ; they are of the 
church of England and have the service complete in their 
own language — they sing psalms to admiration; much 
superior to the Dutch Methodists in Baltimore. Pray do not 
fail informing our friend Dr. West of this circumstance — The 
Indian town of Shanang is about 12 miles from our present posi- 
tion. The head Sachem with his family have been with us many 
days — he has a daughter by the name of Sally and a niece 
who lives with us, and share in all our amusements such as 
cards, and draughts, commonly called checkards — Commis- 
sioner De Witt has taken a picture of the daughter which I 
intend to have coppied large by Billy West. — So much at 
present on account of the Indians — our business goes on 
very well — the New York Commissioners are agreeable and 
judicious gentlemen, which contributes not a little to render 
our situation as agreeable as could be expected — but as agree- 
able as they are I nevertheless dread the departure of my good 
friend Mr. Rittenhouse whose abilities and industry give me 
much leisure at present — but as great as his abilities and 
industry may be, his other qualities still go beyond them — 
We have our health very well but I have frequently found the 
gout troublesome, and without ever complaining quietly sub- 
mit to almost daily attacks — I am so very busy with the stars 
this night that I neither have time to coppy this or even read 
it after it is written — many particulars I shall write when 
Mr Rittenhouse returns. Pray remember me to my good 
friends in Baltimore — and believe me with devout prayers for 
your welfare and the health of little ones to be, 

Your affectionate 

& Loving Husband. 

10 oclock at night. (Signed) AND'W. ELLICOTT 
— [ MS. copy, furnished by his grandson, Jos. C. G. Kennedy ', 
of Washington, D. G. 



Boundaries of the State of New York. 263 

Report of Commissioners on Boundary between Pennsylvania 
and New York, [Oct. 12], 1786. 
We the subscribers being appointed Commissioners agree- 
ably to Laws severally Enacted by the Legislatures of the 
commonwealth of Pennsylvania, and the State of New York, 
for the purpose of running and marking a Boundary Line 
between the said states, to begin at the River Delaware in 
forty two Degrees North Latitude, and to continue in the same 
Parallel of forty two Degrees, to the western Extremity of the 
sd. states, — Have in conformity to our appointment finished 
ninety miles of the sd. Boundary, extending from the River 
Delaware to the Western side of the South Branch of the 
Tioga River, and marked the same with substantial mile stones. 
Witness our Hands and seals, this twelfth day of October, in 
the year one thousand seven hundred and Eighty six, 1786. 

ANDW. ELLICOTT, [l. s.] For Pennsylvania. 
JAMES CLINTON, [l. s.] ) ^ at v , 
SIMEON DE WITT, [l.s.] f For New York - 
— \Penn. Arch., xi, 522. 



New York December l 8t : 1786. 
Sir 

By virtue of our Commission and agreably to the Act of 
the Legislature made for that purpose we have in conjunc- 
tion with the Commissioners appointed on the part of the 
Commonwealth of Pennsylvania run and marked the Juris- 
diction Line between the said Commonwealth and this State on 
the Latitude of forty two Degrees from the Delaware to the 
South Branch of the Tioga River comprehending ninety Miles 
as will appear by the Instrument of writing signed by the said 
Commissioners and herewith enclosed to your Excellency 

We have to observe that the accuracy which a work of such 
importance demands and the difficulty of transporting pro- 
visions to a distant part through an uninhabited Country has 
augmented the expense to a sum higher than what we at first 
apprehended, altho' we trust that by our accounts it will 
appear that the greatest (Economy has been observed, and that, 



264 Copies oe Documents Relating to the 

if it shall be deemed necessary for this State to prosecute the 
business the next season in conjunction with Pennsylvania a 
farther supply by the Legislature for the purpose will be 
requisite. 

The Commissioners of Pennsylvania are directed by a Law 
of that State to continue the running of the Line even if New 
York should omit to co-operate with them, we are 
Sir, Your Excellency's most Obedient 

and most humble Servants 

JAMES CLINTON 
SIMEON DE WITT 
His Excellency Governor Clinton 
— [Clinton Papers, MS., N. Y. State Lib., xxi, 5790. 



In Council, 

Philad a , March 15th, 1787. 
Sir, 

I have the honor to inform your Excellency, that as the 
Season for resuming the business of the partition line between 
this State and that of New York is now fast approaching, 
The Commissioners of this State have it in instruction to com- 
municate with the Commissioners of yours, upon the measures 
which must necessarily be Concerted previously to their setting- 
off, and that for this purpose will attend at New York on the 
25th day of this month. 

I am, Sir, with much respect, 
your Excellency's Most Obedient Servant. 

His Excellency George Clinton, Esquire, President State of 
New York. 
— [Penn. Arch., xi, 125. 



New York, 27 March 1787 
Sir 

The enclosed are the particulars of the accounts of Expenses 

incurred in running and marking the Jurisdiction Line 



Boundaries of the State of New York. 265 

between this State and Pennsylvania the general heads of 
which have already been exhibited to your Excellency I 
expected to have had it in my power to present them earlier 
but the authenticated accounts from the Pennsylvania Gentle- 
men which Mr Rittenhouse informs me have been sent by 
the post a considerable time ago have never come to hand. 1 
This has obliged me to make a Jorney to Philadelphia. The 
provision and expences were by mutual agreement made a 
common Charge by which I am persuade they have come 
lower than otherwise they would have done. The Commis- 
sioners of Pennsylvania are directed by the Executive Council 
to enter again on the business as soon as the season will admit. 
They are preparing accordingly to commence by the first of 
June and expect the cooperation of this State. 

Enclosed is likewise an Estimate delivered by them of the 
principal necessaries that will be required for the ensuing 
season which it is supposed will finish the Line. The remote- 
ness of the place from the inhabited Country and the difficulty 
of transporting heavy articles through the Wilderness will 
make this seasons work more expensive than the last and a 
sufficient supply of money will be wanted for the purpose. 
The duties of my office will not permit me to leave it this 
summer it will therefore become necessary to have some other 
Gentleman appointed in my room as a Commissioner. 

I shall only farther observe that Pennsylvania has a Pur- 
veyor appointed to purchase the Stores superintend the Con- 
veyance of them and have every necessary in order so that 
the Commissioners have no time to loose from their peculiar 
employment by making the previous arrangements and con- 
tinually attending to them. This I mention in order that it 

1 This bill of expenses covers four foolscap pages, and includes, among 
other items, the wages of sixteen men, at eight dollars each, per month, and 
an interpreter at ten dollars per month,— for an average period of about 
four and one-half months; an additional surveyor at two dollars per day 
for seventy -five days; and, in addition to other supplies, five and one-half 
barrels (32 gal., each) of rum, two do. of spirits and one-half do. of brandy. 

-[P. 

34 



266 Copies of Documents Relating to the 

may be considered whether a similar appointment with us 
would not be productive of (Economy. 

I am Sir 
Your Excellency's most Obed* 
Humble Serv*. 

SIMEON DE WITT 
His Excellency the Governor. 
— [Clinton Papers, MS., xxi, 5841. 



Baltimore, April 6th, 1787. 
Sir, 

I have arranged my affairs in this state, and intend setting 
out for Philadelphia on the last of this month to assist in 
making such preparations as may be thought necessary to 
compleat the northern boundary this ensuing summer. In the 
mean time it may be advisable for Mr. William Armstrong to 
procure the pack-Horses that may be wanting, and make the 
other preparations for conveying our Instruments, &c, to 
Middletown. From that Gentleman's exertions last season, I 

am induced to place much confidence in him this 

The Seneca Chiefs who attend on behalf of their nation, will 
expect two rifled Guns, I remember speaking to you on this 

subject last fall. * * * 

I am Sir 

Your Hb'l Serv't, 

AND'W ELLICOTT. 

Directed, 

To Hon'ble Charles Biddle Esqr., Philadelphia. 
— \_Pe7in. Arch., xi, 134, 135. 



Baltimore, April 16th, 1787. 
Dear Sir, 

This day two weeks I shall set out for Philadelphia to attend 
on the northern boundary, and do think it highly necessary 
that every thing should be done by the commissary that we 



Boundaries of the State of New York. 267 

may be enabled to set out for Middle Town by the 7th day 
of May next. I have procured Horses for myself, in eon- 
sequence of which I have been under the nessessaty of draw- 
ing upon Mr. Rittenhouse for the sum of sixty pounds, which 
I desire you would instruct him to pay ; the draught is at 
sixteen days sight, and therefore not payable 'till after I shall 
have the pleasure of seeing you in Philadelphia. 

I am, Sir, 

Your Hbl. Servt, 

ANDW. ELLICOTT. 
Directed^ 

Hon. Charles Biddle, Esq., Philadelphia. 
— [Penn. Arch., xi, 140, 141. 



Sir 

William Morris Esquire who will have the Honor of deliver- 
ing this Letter to your Excellency is one of the Commissioners 
appointed by this State for running and marking the Jurisdic- 
tion Line between your State and this State, and as his 
Business at Philadelphia is to concert measures for the early 
commencement of this important Business, and to prevent any 
Disappointments that might take place as to the necessary 
previous Preparations, I beg leave to recommend him to your 

Excellency's attention 

I have the Honor to be 

Your Excellency's 

most Obedient Serv't 

[GEORGE CLINTON.] 
New York May 3 d : 1787. 
His Excellency Governor Franklin 
— [Clinton Papers, MS., xxi, 5856. 



Observatory on the West side of Conawango, 
August 29th, 1787. 
Gentlemen, 

We now take the earliest opportunity we have had of 
acquainting you witli the progress we have made in the busi- 



268 Copies of Documents Relating to the 

ness which you have intrusted to us. We arrived at the 
Cawwanishee Flats on the 11th day of June, where the 90th 
mile-stone was set up last season. — The Susquehannah was 
remarkably low, which prevented our Boats making the neces- 
sary expedition. From the 90th mile-stone we sent our 
Instruments up the Thyesa in Canoes about 10 miles ; our 
water-carriage then failed, and we had recourse to our Pack- 
Horses, but the ruggedness of the country at the Heads of the 
Susquehannah, Geneseeo and Allegany Rivers, sooned killed, 
and rendered useless about two-thirds, but fortunately for our 
business, when the Horses failed, we found ourselves on a 
small branch of the Allegany River ; necessity then pointed 
out the propriety of useing water-carriage as much as possible, 
we immediately set about making canoes, and by the spirited 
exertions of our men, with no other implements than three 
falling Axes, two or three Tomahawks, and a Chisel, 1£ Inch 
wide, we had compleated in six days for the use of our Penn- 
sylvania party 5 excellent Canoes, two of which are between 
40 and 50 feet in length. These Canoes with our Stones, 
Instruments and Baggage, we hauled 10 miles down a shallow 
stream to the main Allegany River, our progress now began 
to appear less difficult, and we prepared to proceed down the 
River to a proper place for correcting the random Line by 
astronomical observation, but the day preceeding our intended 
movement, we were ordered by the Indians to discontinue the 
Line 'till after a Treaty should be held. We met them at the 
time and place appointed, explained the nature and propriety 
of the business we were about, and finally permitted to pro- 
ceed. We have notwithstanding these difficulties, compleated 
the Line to the 167 mile-stone from the Delaware, and expect 
to have 28 miles more finished in a few days, and the fullest 
expectation of finishing the business this season in good time, 
if not impeded by some uncommon difficulty or accident 
We have the Honour to be, 

Your very Hbl. Servants, 

ANDW. ELLICOTT, 
ANDREW PORTER. 



Boundaries of the State of New York. 2(39 

Directed, 

His Excellency, the President and Supreme Executive Coun- 
cil Pennsylvania. 
— [Perm. Arch., xi, 178. 



Lake Erie, October 12th, 1787. 
Dr. Sir, 

We arrived here on the 8th, and the same day began our 
course of observations, which will probably be completed in 5 
or 6 days. The random Line passed between Le Beaut" and 
Presque Isle about 5 miles north of the former, and we con- 
jecture about 6 miles south of the latter. Considering the 
unexpected difficulties we had to encounter for want of a com- 
petent knowledge of the Geography of the Country, the death 
of our Horses, time taken up in making Canoes, and treating 
with the Indians, our business has gone on beyond our most 
sanguine expectation, and without the intervention of some 
uncommon circumstance or accident will be compleated in 14 
or 15 days. We divided the Line in such a manner as to make 
6 stations at each of which we determined a point in the paral- 
lel of Latitude by about 36 observations. Neither attention or 
exertions have ever been wanting on our parts towards Scien- 
tific and permanent completion of the business entrusted to us, 
and the general behaviour and industry of our men has been 
such as to entitle them to our thanks. 
We are Sir, 

your humble Servants, 

ANDREW ELLICOTT 
Directed, ANDREW PORTER. 

David Rittenhouse, Esquire 
— [Perm. Arch., xi, 203. 



Report of Commissioners on Boundary between Pennsylvania 
and New York, 1787. 
We the subscribers being commissioned agreeably to Laws 
severally enacted by the Commonwealth of Pennsylvania and 
the state of New York for the purpose of running and mark- 
ing a Boundary Line between the said States in the parallel of 



270 Copies of Documents Relating to the 

Forty-Two Degrees of North Latitude beginning at the River 
Delaware and extending to a meridian Line drawn from the 
South West corner of the Commonwealth of Pennsylvania 

Have in conformity to our appointments extended the said 
Line from the ninetieth Mile Stone to Lake Erie, 1 and marked 
the same in a lasting and permanent manner by milestones or 
posts surrounded by mounds of earth where stones could not 
be procured. The Stones at the several points where the Lati- 
tude was determined are large and well marked, and contain 
on the south side Pennsylvania Latitude 42° N. 1787, also the 
variation of the magnetic needle. On the North side New 
York and their several distances from the River Delaware. 

Witness our Hands and Seals this Twenty ninth day of 
October, One Thousand seven Hundred and Eighty seven. 

AND'W ELLICOT, [l. s.] ) Commissioners from 

ANDREW PORTER, [l. s.] \ Pennsylvania. 

ABRA'M HARDENBERG, [l. s.] ( Commissioners from 
WILLIAM MORRIS, [l. s.] j New York. 

— [Pe?m. Arch., xi, 526. 



Gentlemen : 

I have the pleasure to inform Council that we have com- 
pleated the Northern boundary Line of this State ; Enclosed 
you have our Report. A Draught of the Line will be com- 
pleated in a few weeks & delivered to Council. 
I am, with Respect, 

Gentlemen your obedient 

Humble Servant, 

Philada., Nov. 28th, 1787. A. PORTER. 

Directed, 

His Excellency, the President and Supreme Executive Coun- 
cil, Pennsylvania. 
— \Pcnn. Arch., xi, 214. 

1 It will be observed that this report makes no allusion to the western 
boundary line of this State, nor to the monument said, in the Revised 
Statutes, to have been erected by these Commissioners "for the purpose of 
marking the termination of the line of jurisdiction between this State and 
the said State of Pennsylvania." — [P. 



Boundaries of the State of New York. 271 

Philadelphia, December 19th, 1787. 
Gentlemen, 

Having been concerned in running all the Astronomical 
Boundaries of the Commonwealth, and possessed of all the 
Observations, (which are very numerous) used in determining 
the different limits of the State. In mj opinion now the 
business is compleated, it will be necessary to have some record, 
or rather a publication of the Observations, together with the 
methods that were pursued on that occasion ; not only for the 
satisfaction of the parties concerned, but also for the advan- 
tages which the science of Astronomy may derive from such a 
publication. I shall be happy in having a conference with any 
Gentlemen of your Body on this subject, and have no doubt 
but it may be made advantageous both to the State and to 

your H'bl Servt., 

AND'W. ELLICOTT. 

P. S. I will undertake arranging the Astronomical Obser- 
vations by which the boundaries of the State were determined, 
and also add such Observations as we made on the Soil and 
Natural History of the country thro' which we passed, for the 
Sum of £150, hard Money, or the value thereof in Paper, one 
half of the money to be advanced, and the other half to be 
paid when the work is finished — the work to be the property 
of the State, and ready for publication on or before the first 
day of June next. 

A. E. 
Directed, 

His Excellency, the President, and Supreme Executive 
Council of the Commonwealth of Pennsylvania. 
— [Penn. Arch., xi, 216. 



New York December 21 th . 1787. 
Sir 

We have the honor of herewith transmitting to your Excel- 
lency the Joint Report of the Commissioners of the State of New 
York and the Commonwealth of Pennsylvania, respectively 
appointed, to "run out and mark the Jurisdiction Line" between 



272 Copies of Documents Relating to the 

those States; together with a Geographical Map 1 of the Line 
and Country adjacent ; as also an account of the Expenditures 
which this State has incurred in the prosecution of the business 
the last season — We trust that on an accurate Inspection of 
this account it will appear that it has been compleated with as 
much Oconomy as could have been expected from the distance 
at which the business commenced and the Expences which 
necessarily attend extensive Land Transportation, especially 
through a wilderness — 

The delineations on the Map have been done with as much 
accuracy, as attention to the Observatory and other matters 
more immediately relative to the Line would admit of, and no 
part of the Country has been laid down thereon but what has 
either undergone actual Measurement or Observation. 

Throughout the whole of this business the Line has been deter- 
mined at distances of not more than Thirty two nor less than 
Twenty miles, by Latitude deduced from a course of Astro- 
nomical Observations with a Sector of upwards of Five feet 
Radius accurately constructed for the purpose, on Six principal 
Stars the places of which are well ascertained, and no Obser- 
vation has been taken into the Account which differed materi- 
ally more than four seconds from a mean of the other Observa- 
tions at the same position — 

Thus prepared, and from having constantly observed those 
precautions we are encouraged to assure your Excellency that 
no error of more than half a Second of a Degree equal to Fifty 
and an half Feet could possibly have been committed at the 
Points where the Latitude was so determined. 

We have the honor, to be, 
Your Excellency's most 
Obedient & very 

Humble Servants — 

ABRAHAM HARDENBERGH 
W M . W. MORRIS 
To his Excellency Governor Clinton 
— {Clinton Papers, MS., xxi, 5924. 

1 Portfolio Map, No. 167, in office of Sec'y of State— [P. 



Boundaries of the State of New York. 273 

For provision for the payment of Commissioners " for theii 
services and disbursements in running, marking and ascertain- 
ing the jurisdiction line between this State and the Common- 
wealth of Pennsylvania," see N. Y. Laws, 1787, Chap, xcix ; 
1788, Chaj). xciii. 

For maps of the entire line from Delaware River to Lake 
Erie, see Portfolio Maps 167 and 202, in office of N. Y. Sec'y 
of State, and Penn. Arch., xi, middle and end of volume. 

Norriton, February 16th, 1788. 
Gentlemen, 

Agreeable to the request of your Honorable Board I have 
looked over some of my notes Taken when out on the line 
last summer & find that after we Cross'd the Alligane river 
the last time, there was much of a sameness in the Country 
both as to Timber & Soile on and near the line and a greater 
Variety of Wood on the same space then I ever saw in any 
other part, a large Proportion of which was Beach, Sugar 
maple & ash, The soile in general appears rich tho' I believe 
rather Cold for some kind of grane, But well adapted to grass. 
The Country in general is midling Flat and level but more 
Particularly so on the heads or sorces of the small stremes, 
that Emty into the alligani river, all the waters running into 
the Lake having a better Current & shorter distence to run. 
The high dry grounds have moderate ascents and appear 
Pleasant & very few stone to be seen on the surface, the waters 
of French Creek and the Connowonge both afford a good 
Boat Navigation to within a small distance of the Lake. I 
could not see that at and near the Lake it was more subject to 
Early frosts than many parts much more to the southward. I 
am of opinion that it is Equal in value to any Equel Quan- 
tity of land on the West side of the alligane river within the 
lines of the state, according to Information we Receiv'd from 
(Capt. Win. Morris one of the Commissioners from the state 
of New York) that the line of session from New York to the 
United States would strike the line of our State at or near the 
35 



274 Copies of Documents Relating to the 

190 mile stone. 1 Tho' that is but matter of opinion founded 

on his Information at any rate we shall Include a large part of 

the Margen of the Lake with the only harber on it which is 

Priquelle. 

I remain with much Esteem, 

your Honors most Obedient, 

& very humble Servt. 

Directed, WM. ARMSTRONG. 

The Supreme Executive Council. 
— [Penn. Arch., xi, 242, 243. 



An ACT to establish and confirm the boundary line between 
this state and the state of New - York. 

Passed 29th September, 1789. 
Sect. I. Whereas the honorable John Penn, Esquire, then 
Governor of the late province, now state, of Pennsylvania, 
did, on the twenty -fourth day of October, in the year one 
thousand seven hundred and seventy-four, nominate and 
appoint David Rittenhouse, Esquire, on the part of Pennsyl- 
vania, to fix, in conjunction with any person to be appointed 
on the part of the then province of New- York, the beginning 
of the forty-third degree of north latitude on the Mohawk or 
western branch of Delaware river, which is the north-east 
corner of Pennsylvania, and to proceed westward in fixing and 
marking the boundary line between the said provinces of 
Pennsylvania and New-York : And whereas the honorable 
Cadwallader Colden, Esquire, then governor of the late prov- 
ince, now state, of New-York, with the advice of the then 
Council, did, on the eight day of November, in the same year, 
nominate and appoint Samuel Holland, Esquire, on the part 
of New- York, to fix, in conjunction with the said David Rit- 
tenhouse, the same corner, and to proceed in running and 
marking the said line : And whereas, by virtue of an act of 
the General Assembly of the state of Pennsylvania, the 

1 The intersection of the two lines is actually a short distance east from 
the 225th mile stone. — See Penn. Arch., xii, Map of " Lake Erie Triangle," 
facing p. 104.— [ P. 



Boundaries of the State of New York. 275 

Supreme Executive Council of this commonwealth, by com- 
mission, under the hand of Charles Biddle, Esquire, and the 
great seal, bearing date the sixteenth day of June, one thou- 
sand seven hundred and eighty-six, did constitute and appoint 
Andrew Ellicot, Esquire, commissioner, on the part of the 
said commonwealth of Pennsylvania, to run and mark the 
northern boundary of this commonwealth : And whereas the 
said David Rittenhouse and Samuel Holland, in pursuance of 
their said respective appointments, did proceed on the said 
business, and made return thereof, under their hands, bearing 
date at Philadelphia the fourteenth day of December, in the 
same year, by which it appears that they ascertained and fixed 
the beginning of the forty-third degree of north latitude on 
the said Mohawk or western branch of Delaware, and there, 
in a small island of the said river, planted a stone, marked 
with the letters and figures NEW-YORK, 1774. cut on the 
north side thereof, and the letters and figures Lat. 42°. Var. 
4°. 20'. cut on the top thereof; and in a direction due west 
from thence, on the west side of the said branch of Delaware, 
collected and placed a heap of stones at the water mark, and 
proceeding further west, four perches, planted another stone 
in the said line, marked with the letters and figures PENN- 
SYLVANIA, 1774. cut on the south side thereof, and the 
letters and figures Lat. 42°. Yar, 4°. 20'. cut on the top thereof; 
and at the distance of eighteen perches due west from the last 
mentioned stone marked an asl/ tree ; but that the rigour of 
the season prevented them from proceeding further in running 
the said line, as by the said return, remaining of record, fully 
appears : And whereas, by virtue of an act of the General 
Assembly of the state of New-York, entituled " An Act 
" for running out and marking the jurisdiction line be- 
" tween this state and the commonwealth of Pennsylvania," 
passed the twenty-sixth day of February, in the year one 
thousand seven hundred and eighty six, James Clinton and 
Simeon Dewitt, Esquires, were duly appointed commissioners, 
on the part of the state of New York, to join with such per- 
son or persons as should be appointed on the part of Pennsyl- 



276 Copies of Documents Relating to the 

vania, to run out, mark and ascertain the said line, beginning 
at the place so fixed and ascertained by the said commissioners, 
as above mentioned, on the Mohawk or western branch of 
Delaware river : And whereas the said Andrew Ellicot, on 
the part of this commonwealth, and the said James Clinton 
and Simeon Dewitt, on the part of the state of New- York, 
did, in the year of our Lord one thousand seven hundred and 
eighty-six and seven, in pursuance of the powers so as afore- 
said vested in them, run, fix and ascertain the said boundary 
line, beginning at the first mentioned stone, marked as is herein 
above recited, and extending thence due west by a line of mile- 
stones, marked with the number of mile and miles which each 
stone is distant from the said first mentioned stone, planted in 
the said small island, to the bank of Lake Erie, at the dis- 
tance of two hundred and fifty-nine miles and eighty-eight 
perches from the said first mentioned corner stone ; and the 
said commissioners did accordingly return a draft or plot of 
the said line, under their hands, to the Supreme Executive 
Council of this commonwealth ; in which said draft or plot are 
noted and laid down the several principal waters, mountains, 
and other remarkable places, through and over which the said 
boundary line runs ; which said boundary line is and ought to be 
for ever hereafter deemed and taken as the true boundary of ter- 
ritory and jurisdiction between this state and the state of New- 
York, so far as the state of New- York is bounded thereby : 

Sect. II. It is therefore hereby declared and enacted by the 
Representatives of the Freemen of the commonwealth of 
Pennsylvania, in General Assembly met, and by the authority 
of the same, That the said boundary line, so as aforesaid run, 
marked and returned, by the said Andrew Ellicot, commis- 
sioner on the part of this state, and the said James Clinton 
and Simeon Dewitt, commissioners on the part of the state of 
New- York, beginning at the first mentioned corner stone, 
planted in the said small island, in the Mohawk or west 
branch of Delaware river, and thence extending due west, by 
the marked stones aforesaid, so far westward as to meet the 
meridian line, which is hereafter to be fixed and established as 



Boundaries of the State of New York. 211 

the western boundary of the state of New- York, shall be, and 
for ever hereafter shall be deemed and taken to be, and is 
hereby declared to be, the true and just line of boundary and 
partition, both of territory and jurisdiction, between the state 
of Pennsylvania and the state of New-York ; and that this 
common wealth of Pennsylvania doth not, nor at any time 
hereafter shall or will, claim to have, hold or exercise, any 
right, power or jurisdiction, in or over the soil or inhabitants 
dwelling northward of the said line hereby established, east- 
ward of the said meridian line, or western boundary of New- 
York : Provided always nevertheless, That nothing in this act 
contained shall be deemed to bind the commonwealth of Penn- 
sylvania, until the legislature of New- York shall establish and 
confirm the said boundary line on their part, as fully and effectu- 
ally as the same is by this act established and confirmed. 1 

Sect. III. And in order that the knowledge of the said 
boundary line may be rendered permanent and extensive : It 
is hereby further enacted by the authority aforesaid, That it 
shall and may be lawful for the Supreme Executive Council 
of this commonwealth to cause and procure the draft or plot 
of the said line, and of the reports of the commissioners who 
compleated the same, together with such notes and observa- 
tions of the said commissioners, as, in the opinion of the said 
Council, may be necessary to be preserved, to be engraved on 
plates of copper, and such number of copies to be printed 
from such plates, as will be sufficient to perpetuate the mem- 
ory of the said line, not exceeding, in the first instance, two 
hundred copies, and to preserve the said plates for any future 
use or purpose to which they may be applied by the legisla- 
ture of Pennsylvania ; and to issue any order or orders on the 
Treasurer of this state, for the payment of the expences of 
engraving and printing the same, to be charged, with the con- 
tingent expences of government, on the fund provided theretor. 2 
— {Carey and Biorerts Laws of Penn., iii, 392-395. 

1 This joint bouudary line seems not to have been thus formally confirmed 
by the Legislature of New York. — [ P. 

2 This section was repealed by an act passed the 27th of March, 1790, 
which authorized Reading Howell to delineate the State lines on his map. 



278 Copies of Documents Relating to the' 

David Kittenhouse. 
* * * * 

The last important business of a public nature, in which 
Mr. Rittenhouse was engaged, prior to the American war, was 
in fixing, jointly with a Commissioner on the part of New- 
York, the beginning of the 43° of North latitude, and to 
establish a Line, thence Westward, as the Boundary between 
Pennsylvania and New- York. 

Mr. Rittenhouse was appointed the Commissioner for this 
purpose, on the part of the then province of Pennsylvania, 
by Gov. John Penn, on the 24th of October, 1774 ; and Sam- 
uel Holland, Esquire, was the Commissioner on the part of 
New-York, appointed by Lieutenant-Governor Colden. As 
Captain Holland's 1 commission was not made out until the 
8th of November, these Joint-Commissioners could not pro- 
ceed on the business of their appointment, before that late 
period It appears, however, by the duplicate returns made 
by these gentlemen to their respective governments, under the 
date of December the 14th in the same year, that they " ascer- 
tained and fixed the beginning of the forty-third degree of 
North latitude on the Mohawk or Western branch of the 
Delaware ; and there, in a small island of the said river, 
planted a stone, marked, &c." — " but that the rigour of 
the season prevented them from proceeding further in running 
the said line, &c." 

This Line remained thus unsettled, until after the conclusion 
of the American war. Mr Rittenhouse and Captain Holland 
having previously established the North-Eastern Corner of 
Pennsylvania, on that boundary, by ascertaining and marking 
thereon the beginning of the 43° of North latitude, the Penn- 
sylvania Legislature, on the 31st of March, 1785, enacted a 
law, authorizing the Executive of the State to appoint a Com- 
missioner, in conjunction with one or more on the part of 
New-York, to run and complete the Line. The person selected 
for this service by Pennsylvania, in addition to Mr Ritten- 

1 Mr. Holland was an able engineer in the British service, and held the 
military rank of Captain. 



Boundaries of the State of New York. 279 

Louse, was Andrew Ellicott, Esq. an able Mathematician and 
Astronomer, and well qualified also, by his practical knowledge 
of Surveying or Land-Mensuration : this gentleman was 
accordingly commissioned by the hon. Charles Piddle, 
Esquire, then Vice-President of the Supreme Executive Coun- 
cil of Pennsylvania on the 16th of June, 1780. The 
Commissioners on the part of New- York, were James Clinton 
and Simeon De Witt, Esquires: And by these gentlemen, 
appointed on behalf of their respective governments, this busi- 
ness was prosecuted ; but it was not then completed. 
— [Barton's Mem. of Rittenhouse, pp. 237-240. 

Andrew Ellicott to Robert Patterson. 

Philadelphia, April 2d, 1795. 
Dear Sir, 

I herewith present you with a considerable number of 
Astronomical Observations, which you will observe were gen- 
erally made on some very important occasions. 

#- * * * 

The state of Pennsylvania is bounded on the north by the 
42° of north latitude. This line extends from a point on the 
Delaware, (which was fixed by Dr. Rittenhouse and Captain 
Holland in the year 1774,) and extends west to Lake Erie 
it was completed in the years 1786, and 1787. In order to 
carry on the parallel of latitude with as much expedition, and 
economy as possible, we dispensed with the method of trac- 
ing a line on the arc of a great circle, and correcting into the 
parallel, as pursued by Messrs Mason and Dixon, in deter- 
mining the boundary between this state, and the state of 
Maryland, and which we followed in completing their line in 
the year 1784. We commenced our operations by running 
a guide line west, with a surveying compass from the point 
mentioned on the Delaware 20^ miles, and there corrected by 
the following zenith distances taken at its western termination 
by a most excellent sector, constructed, and executed, by Dr. 

Rittenhouse. 

* * * # 



280 Copies of Documents Relating to the 

Mean latitude deduced from the above observations 41° 59' 52 // .7 
By which it appears that we were too far south by 7 .3 

The correction being made, the guide line was corrected 
back to the Delaware, and another guide line carried on west 
19^ miles from the corrected point north of our observatory, 
at the termination of which the following zenith distances were 

observed. 

* # * •* 

Mean latitude deduced from the foregoing observa- 
tion 41° 59' 53" 

Hence our observatory too far south by 7 

This correction being made, we proceeded as in the first 
case, and carried on our guide line 214, miles, at the termina- 
tion of which we observed the following zenith distances. 

* * * * 

Mean latitude deduced from the above observations 42° 0' 3". 8 

Too far north by 3.8 

The above correction of 3". 8 being laid off, we proceeded 
as formerly, and carried on our guide line 28f miles and 
observed the following Z. distances at its termination. 

* * * * 

Mean latitude by the above observations 41° 59' 55 '.2 

Too far south by 4.8 

The correction being made and our guide line corrected 
back, we ceased our operations for that season. 

In June the year following we carried on our guide line 
194, miles and at its termination made the following obser- 
vations 

* * * * 

Mean latitude by the foregoing observations 42° 0' 12".4 

Too far north by 12 .4 

The above correction being made, we carried on our guide 
line 26f miles, and at its termination observed the following 

Zenith distances 

* * * * 

Mean latitude of our Observatory 42° 0' 15' 

Too far north by 15 



Boundaries of the State of New York. 281 

The above correction being made, we carried on the guide 
line 30£ miles, and at its termination observed the following 
Zenith distances. 

* * * * 

Mean latitude of the Observatory 41° 59' 27' 7 .5 

Too far south by 32 .5 

Corrected as formerly, and carried on the guide line 28^ 
miles, and observed the following Zenith distances. 

* # * # 

Mean latitude of the Observatory '. 42° 0' 21". 3 

Too far north by 21.3 

The above correction being made, we carried on the guide 
line 32£ miles, and observed the following Zenith distances 

* * * * 

Mean latitude of the Observatory 42° ' 10" .8 

Too far north by 10 .8 

Corrected as formerly, and carried on our guide line 32^ 
miles, to Lake Erie, and observed the following Zenith dis- 
tances. 

* -x- * * 

Mean latitude of the Observatory by the above 

observations 41° 59' 58".7 

Too far south by 1 .3 

The above correction being made, completed the Astronom- 
ical boundaries of the State of Pennsylvania. 

My associates in tracing the north boundary of Pennsyl- 
vania were Dr. Rittenhouse, James Clinton, and Simeon De 
"Wit, in the year 1786. The first of those gentlemen left us 
in the beginning of September. — The year following my asso- 
ciates were Andrew Porter, Abraham Hardenberg, and "Wil- 
liam Morris. 

* * * * 
— [Amer. Phil. Soc. Trans., (1st Series), iv, 39. 

36 



282 Copies of Documents Relating to the 

The following paragraph is an appropriate commentary on 

the foregoing record of scientific observations : 

* * * * 

Latitude and longitude, which' lie at the basis of all descrip- 
tive geography, are determined by observation. No map 
deserves the name, on which the position of important points 
has not been astronomically determined. Some even of our 
most important political and administrative arrangements 
depend upon the cooperation of this science. Among these 
I may mention the land system of the United States, and the 
determination of the boundaries of the country. * * Large 
grants and sales of public land took place before the Revolu- 
tion and in the interval between the peace and the adoption 
of the Constitution ; but the limits of these grants and sales 
were ascertained by sensible objects * * and by reference 
to adjacent portions of territory, previously surveyed. The 
uncertainty of boundaries thus defined was a never-failing 
source of litigation, * * Astronomical observation furnishes 
by far the best means of defining the boundaries of States, 
when the lines are of great length and run through unsettled 
countries. Natural indications like rivers and mountains, how- 
ever distinct in appearances, are in practice subject to unavoid- 
ble error, * * but a degree of latitude is written on the 
heavenly sphere ; and nothing but an observation is recpaired 
to read the record. * * But scientific elements, like sharp 
instruments, must be handled with care. * * 
— [Edward Everett s Dudley Observatory Address, Dudley 
Obs. Annals, i, pp. xxxviii-xli. See also an article on Public 
Lands, by the same author, in the American Almanac for 
1832, p. 140-149. 



Boundaries of the State of New York. 283 

The Final Determination of the Western Boundary Line 
of the State of New York, in connection with the pur- 
chase of the " Lake Erie Triangle " by Pennsylvania. 

Having now exhibited the successive acts by which the title 
to unoccupied western lands was transferred from several of 
the original thirteen States to the general government, it 
remains to state, under this division of the general subject, 
how Pennsylvania acquired from the General Government, 
the so called " Lake Erie Triangle," lying immediately west 
of the western boundary line of the State of New York, and 
how that line was definitely ascertained. 



State of Pennsylvania, In General Assembly, 
Monday, September 15, 1783, A. M. 

The report of the committee appointed to hold conferences 
with the city merchants, read September 10, was read the 
second time, and adopted as follows, viz ; 

That they have had sundry conferences with a committee 
of the merchants of Philadelphia, touching the inland com- 
merce of this State, that they are sorry to find the same sub- 
jected to so many obstructions owing to the ruinous condition 
of the public roads throughout this state — no object however 
strikes your committee in so forcible a manner, as that of con- 
ducting the streams of commerce from the river Susquehanna 
to the port of Philadelphia ; * * 

Your Committee therefore offer the following resolutions to 

the honorable House. 

* * * * 

Third, — To examine the navigation of the Susquehanna to 

the sources of the same, and ascertain as near as conveniently 

may be, where the northern boundary of this state will fall, 

particularly whether any part of Lake Erie is within the State 

of Pennsylvania, * * * 

— [Penn. Arch., x, 129. 



284 Copies of Documents Relating to the 

Saturday, September 20, 1783, A. M. 
Agreeable to the order for the day, the house proceeded to 
elect six Commissioners for the purposes expressed in the reso- 
lutions adopted September 15, and the ballots being taken, it 
appeared, * * that William Maclay, James Wilkinson and 
William Montgomery, Esquires, were duly elected for per- 
forming the duties mentioned in the third and in the last of 
those resolutions. 
— [Penn. Arch., x, 129, 130 ; 334, 335. 



State of Pennsylvania, In General Assembly, 

Tuesday, August 17, 1784. 
Agreeably to the order of the day, the House proceeded to 
the election of a Commissioner (in the room of William Mont- 
gomery, Esquire, who hath resigned), to examine the naviga- 
tion of the Susquehanna to the sources of the same, and 
ascertain as near as conveniently may be where the northern 
boundary of this State will fall, particularly whether any part 
of Lake Erie is within the State of Pennsylvania, &c, con- 
formably to a resolution of the late Assembly, passed the 
fifteenth day of September last, when the ballots being taken 
it appeared that Joseph Montgomery, Esquire, was duly 

elected. 

* * * * 

— [Penn. Arch., x, 312. 



State of Pennsylvania, In General Assembly, 

Friday, February 18, 1785. 
* * * * 

The committee appointed on the eleventh instant to confer 
with the Commissioners elected in pursuance of the third 
resolution of the General Assemblj 7 , adopted the fifteenth day 
of September 1783, to examine the navigation of the Susque- 
hanna, and to ascertain as near as conveniently may be where 
the northern boundary of this State will fall &c, beg leave to 
report. * * * * 



Boundaries of the State of New York. 285 

That your committee have conferred with two of the said 
Commissioners, and tind that they are nearly prepared and 
propose to set out on the business about the first of April, 
but as greater accuracy seems now to be requisite in ascertain- 
ing the northern boundary, than was formerly in contempla- 
tion, a further supply of mathematical instruments may be 
necessary. 

Your committee therefore offer the following resolutions 
[directing the commissioners to proceed as early as may be, 
authorizing instruments provisions &c, and requesting the 
appointment of commissioners on the part of the State of New 
York to co-operate in running and marking a temporary line 
between New York and Pennsylvania.] 

[This report was adopted.] 

— \Penn. Arch., x, 412. 



State of Pennsylvania, In General Assembly, 

Monday, November 12, 1787. 

The report of the Committee read November 9th, relative to 
the purchase of a tract of country on Lake Erie, was read the 
second time, whereupon 

Resolved, That the Supreme Executive Council be author- 
ised and requested to obtain, and lay before the General 
Assembly, a description of the lands lying between the 
northern boundary of this State and Lake Erie, with an Esti- 
mate of the sum necessary to purchase such part thereof as 
may be thought necessary to accommodate this State. 
— [Penn. Arch., xi, 211. 



Philadelphia, Tuesday, February o, 1788. 
* * * * 

On motion, 

Ordered, That Andrew Porter, Esquire, and Major William 
Armstrong, be requested to furnish Council with the best 
description they can of the lands lying between the northern 



286 Copies of Documents Relating to the 

boundary of this State and Lake Erie, west of the boundary 
of the state of New York. 

* % * * 

— [Penn. Col Rec, xv, 382. 



In Council, 
Philadelphia, February 5th, 1788. 
Gentlemen, 

By direction of Council I do myself the honor to inclose 
you a resolution 1 of the General Assembly of this State with 
regard to the purchase of a Tract of Country on Lake Erie. 

Council request you will be pleased to give thjem such 

information on the subject as may be in your power — 

especially on that part which relates to the Estimate of the 

sum necessary to purchase, and for what sum other lands 

belonging to The United States in those parts were sold. It 

may likewise be necessary to obtain information respecting the 

"Western Boundary of the State of New York, to know how 

far the same extends along the Pennsylvania line in order to 

make an Estimate of the Quantity. 

* * * 

PETER MUHLENBERG, Y. P. 

Hon'ble, The Delegates of Pennsylvania in Congress. 
— [Penn. Col. Rec, xi, 237. 



Gentlemen, 

Agreably to your request I have herein drawn up a 
Description of the Country lying between the northern 
boundaries of this State and lake Erie, west of the State of 
New York, viz. 

The soil will come under the description Tolarable good. 
The Countary is clear of Mountains and but very little broken 
with Hills. In many parts of it are very rich Tracts of land, 
and some parts are rather wet & swampy. — It abounds with 
a great variety of Timber, such as, Sugar Trees, Beech, Ash, 

'Probably that of November 12, 1787.— [P. 



Boundaries of the State of New York. 287 

Hickory, Black Red and White Oak, Chesnut, Cherry, Hem- 
lock, White Pine, Sycamore, Elm, Cowcumber, Aspen, Birch, 
Poplar, Walnut, &c. 

From the north west Corner of this State the general 
direction of Lake Erie is North 65° East for upwards of sixty 
Miles, so that the angle made with the northern boundary Line 
is 25° 

The Bay of Presque Isle is a safe Harbour for shipping and 
the only one (on this side) from Gayahoga to the lower end of 
the Lake. The distance from Presque Isle to La Bauf, on the 
French creek is about 15 miles, and the ground sufficiently 
firm to admit of a good Road the whole way with little or no 
Bridging. 

The western boundary of the state of N. York has not 
yet been ascertained, probably it may fall a few miles East of 
the Canawango River. J — This River is boatable to the upper 
end of Chadaghque Lake, from thence there is a portage of 
about 9 miles to Lake Erie. 

The above described tract of country may contain between 

7 and 800,000 Acres. 

* * * 

ANDREW PORTER. 

Directed, 

His Excellency the President and Supreme Executive Coun- 
cil Pennsylvania. 

Indorsed, 

Montgomery County, Febry. 16th, 1788. 
— [Penn. Arch., xi, 241. 



Norriton, February 16, 1788. 
Gentlemen, 

Agreeable to the request of your honorable Board I have 
looked over some of my notes Taken when out on the line last 
summer. * * * * 

*i.e., about thirty-five miles east of its true location, as ascertained by 
Andrew Ellicott in 1790; and yet the Revised Statutes state that Andrew 
Porter and others erected a monument on this western line in 1787. — [ P 



288 Copies of Documents Relating to the 

I am of opinion that it is Equal in value to any equel 

Quantity of land on the West side of the alligane river within 

the lines of the state, according to Information we Receiv'd 

from (Capt. Wm. Morris one of the commissioners from the 

state of New York) that the line of session from New York 

to the United States would strike the line of our State at or 

near the 190 mile stone. 1 Tho' that is but a matter of opinion 

founded on his Information at any rate we shall Include a large 

part of the Margen of the Lake with the only harbor on it 

which is Priquelle. 

I remain with much esteem, 

* * * 

WM. ARMSTRONG. 

Directed, 

The Supreme Executive Council. 
— [Penn. Arch., xi, 242, 243. 



Estimate of Consideration to Indians for Triangle at Lake 

Erie, 1788. 
[Various items amounting, according to estimate, to £950.] 
I beg leave to inform Council that it appears to me the 
above Estimate would not be more than a sufficient Considera- 
tion for the Claim which the 6 Nations have to the Triangular 
piece of Land which this Commonwealth hath in contemplation 

to purchase of s d Indians. 

FRA. JOHNSTON. 

Feb'y 21, 1788. 
— [Penn. Arch., xi, 245. 



Philadelphia, Thursday, February 21, 1788. 
The following draft of a message to the General Assembly, 
was read and adopted, vizt : 

1 The actual location of the line is about a quarter of a mile east of the 
325th mile stone; so that Commissioners Morris and Porter misjudged the 
distance by about thirty-five miles. See foot note on page 287. — [ P. 



Boundaries of the State of New York. 289 

Gentlemen : — * * * * 

In compliance with your resolution of the thirteenth of 
November last, we have obtained and now lay before the 
General Assembly, discriptions of the lands lying between 
the Northern Boundary of this State and Lake Erie, with an 
estimate of the sums which will probably be necessary for the 
purchases of the same, as will appear by the papers marked 
No. 1 and 2, to which we beg leave to refer. We have like- 
wise wrote to our Delegates in Congress, relative to the esti- 
mate. Their answer as soon as it comes to hand will be trans- 
mitted to your House. 

* * * * 

We have now the pleasure of laying before you a map of 
the Northern boundary of this State, as run by the Commis- 
sioners appointed for that purpose, who have compleated that 
useful work. 1 * * * 

— [Penn. Col. Bee, xv, 392, 393. 



Delegates in Congress to Yice President Muhlenberg. 

New York, Feb'y 28th, 1788. 
Sir, 

We received your letter of the 5th Feb'ry & should not 
have so long delayed our answer could we have sooner given 
any satisfactory information to either the Council or the House. 

With respect to the quantity of the tract nothing can be 
conjectured with accuracy & as the estimate you require 
must be founded principally on this fact, we have as a fii-Bt 
step, originated an enquiry by motion in Congress which, 
should its progress be unobstructed, will at once decide the 
size & property of the Tract, should it fall within the United 
States, the price will not in all probability exceed one Dollar 
in certificates per acre, & if within the State of Massachu- 
setts, much less as that State cannot well exceed the terms of 
the New York Land office. 

'This Map> in two sections, is published in the Penn. Arch., vol. xi. — [ P. 
37 



290 Copies of Documents Relating to the 

The moment Congress come to any act on this subject, we 
shall have the honor of communicating it, & are 

with the highest respect, 

* * * 

WM. IRVINE, 

JOHN ARMSTRONG, Jk., 

JAMES R. REID. 1 

Directed, 

Hon. Peter Muhlenberg, Esq., Philada. 
— [Pemi. Arch., xi, 251. 



State of Pennsylvania, 
. In General Assembly, 

Friday, February 29, 1788, A. M. 
#' * # * 

The Committee to whom was referred the message of Coun- 
cil respecting the purchase of a tract of land on Lake Erie 
beg leave to report, 

That in their opinion the purchase of the said tract of land, 
is an object highly worthy the attention of this State, there- 
fore offer the following resolution. 

Resolved, That the Supreme Executive Council be author- 
ised to negociate with the United States for such tract of 
country as may appear to be their property on Lake Erie 
adjoining to the northern boundary of this State, and report 
to the General Assembly the terms required by Congress with 
an estimate of all the other expences which in their opinion 
may be necessary for compleating the purchase. 

[This report was adopted.] 
— [Penn. Arch., xi, 252. 

1 See also letter of Messrs. Bingham & Reid to Pres. Franklin, without 
date, Penn. Arch., xi, 308.— [P. 



Boundaries of the State of New York. 291 

[In Congress.] 

Friday, June 6, 1788. 
* * * * 

Ou the report of a committee * * to whom was refer- 
red a motion of Mr. Irwine 1 [Irvine], 

Resolved, That the geographer of the United States be, 
and he is hereby directed to ascertain by himself or by a 
deputy duly appointed for the purpose, the boundary line 
between the United States and the states of New-York and 
Massachusetts, agreeably to the deeds of cession of the said 
states. 

That the said geographer inform the executives of the 
states of New-York and Massachusetts of the time of running 
the said line, in order that they or either of them may, if they 
think proper, have persons attending at the time. 

That the said geographer or his deputy, having run the 
meridian between lake Erie and the state of Pennsylvania, and 
marked and noted down in his field-book, proper land marks for 
perpetuating the same, shall proceed to make a survey of the 
land lying west of the said line, between lake Erie and the 
state of Pennsylvania, so as to ascertain the quantity thereof, 
and make return of such survey to the board of treasury, who 
are hereby authorized and empowered at any time before or 
after such survey, to sell the said tract in whole, at private 
sale, for a price not less than three-fourths of a dollar per acre 
in specie, or public securities drawing interest. 

[In Council.] 

Philadelphia, Thursday, June 12, 1788. 
* * * * 

A letter from the Delegates of this State, inclosing an act 
of Congress dated the sixth of this month, for surveying and 
ascertaining the quantity of land situate between Lake Erie 
and Pennsylvania and west of the boundaries of the States of 
New York and Massachusetts, and fixing the price at which 

1 See Penn. Archives, xi, 247, for motion and reference of Feb. 25, 
1788.— {P. 



292 Copies of Documents Relating to the 

the same may be sold, was read, requesting instructions from 
Council relative to the purchase of the said land on account of 
the State. 



Saturday, June 14th, 1788. 
* * % * 

Resolved, That the President inform our Delegates in Con- 
gress, that they are authorized and empowered by this Board 
to negotiate and contract with Congress, in behalf of this 
State, for the purchase of the lands before described, at the 
rate of three-quarters of a dollar per acre in specie or public 
securitys bearing interest. 
— [Pmn. Col. Rec, xv, 471-473. 

Delegates of Pennsylvania to Board of Treasury. 
We the delegates of the State of Pennsylvania, in compli- 
ance with instructions, and in virtue of powers, received from 
the said State, do hereby offer to contract (in behalf of the 
said State) w T ith the Iionble Board of Treasury, for a tract of 
land belonging to the United States, contained in the interval 
betwixt a Meridian Line, run between Lake Erie and the state 
of Pennsylvania, and the Boundaries of the States of New 
York and Massachusetts, at the rate of three-fourth of a dol- 
lar per acre ; payable in Gold or Silver, or in public securities 
of the United States, bearing interest ; when the quantity 
ascertained by actual survey, in the manner prescribed by a 
resolution of Congress, of the 7th of June, 1788. 

(Signed.) WM. BINGHAM, 

* * * JAMES K. KEID. 

New York, July 7, 1788. 

— [Penn. Arch., xi, 383. 

Board of Treasury to Delegates in Congress. 

Board of Treasury, August 28, 1788. 
Gentlemen, 

The United States in Congress, having by their act of the 

20th instant, 1 determined that no reservations are in their 

'This act does not appear in the printed Journals of Congress. — [P. 



Boundaries of the State of New York. 293 

judgment, necessary to be made on account of the United 
States, in a certain Tract of Land, contained in the interval 
betwixt a meridian Line, run between Lake Erie and the State 
of Pensylvania ; and the Boundaries of the State of New 
York and Massachusetts. We beg leave to acquaint you that 
we accept your Proposal for the purchase of the said tract, on 
behalf of the state of Pennsilvania, as expressed in your letter 
of the 7th July, 1788. 

We have the honor to be 

■x * * 

SAMUEL OSGOOD. 

ARTHUR LEE. 
Directed, 

To the Honorable the Delegates of the State of Pennsyl- 
vania. 

— [Penn. Arch., xi, 382. 

[In Council.] 
Philadelphia, Monday, September 1st, 1788. 

# # -ft -K 

A letter from the Delegates of Pennsylvania in Congress, 
inclosing their proposal for the purchase of the Territory 
adjoining the northern boundary of this State belonging to 
the United States, at the rate of three-quarters of a dollar per 
acre, in specie or public securities bearing interest, and the 
acceptance of the said proposal by the Board of Treasury of 
the United States, was read. 

# * -* # 

— [Penn. Col. Pec, xv, 523, 524. 



Office of Secretary of Congress, 

Sep. 4th, 1788. 
Sir, 

I have the honor to transmit to your Excellency herewith 
enclosed an act of the United States in congress assembled, 
by which they relinquish and transfer to the State of Penn- 



294 Copies of Documents Relating to the 

sylvania the jurisdiction of the tract of land on Lake Erie, 

which the State has agreed to purchase of the United States, 

With great respect, 

* * 

CHA. THOMSON. 
Directed, 

His Excellency, the President of the Supreme Executive 
Council of Pennsylvania. 
— {Perm. Arch., xi, 387. 

[In Congress.] 

Thursday, /September 4, 1788. 
* * * # 

On a report of a committee, * * to whom was referred 
a motion of the delegates of Pennsylvania: 

Whereas it appears that the board of treasury, in conformity 
to the act of Congress of the 6th of June last, have entered 
into a contract with the delegates of the state of Pennsylvania, 
in behalf of the said state, for the tract of land bounded east, 
agreeably to the cession of western territory, by the states of 
Massachusetts and New- York, south by Pennsylvania, north 
and west, by Lake Erie ; and whereas the said tract is entirely 
separated from the other lands of the western territory, over 
which the jurisdiction of the United States extends : And 
whereas under these circumstances, it will be expedient for the 
state of Pennsylvania to hold and exercise jurisdiction over 
the tract aforesaid ; therefore, 

Resolved, That the United States do hereby relinquish and 
transfer all their right, title and claim to the government and 
jurisdiction of the said tract of land, to the State of Penn- 
sylvania, forever. And it is hereby declared and made known, 
that the laws and public acts of the said state shall extend over 
every part of the same tract, to all intents and purposes, as if 
the same had been originally within the charter bounds of the 
said state ; provided that the inhabitants of the said tract 
shall be maintained in all the rights and privileges which other 
citizens of the said state of Pennsylvania are now or may 
hereafter be constitutionally entitled to enjoy. 



Boundaries of the State of New York. 295 

A Report of the Supreme Executive Couucil to the General 
Assembly of the State of Pennsylvania. 

That they have negotiated with Congress for purchasing the 

land contained in the interval betwixt a meridian line run 

between Lake Erie and the State of Pennsylvania, and the 

boundaries of the States of New York and Massachusetts, 

* * * * 

An Estimate of other probable expenditures that may be 
incurred by the purchase is herewith presented, amounting to 
the sum of Nine hundred and fifty pounds. 

To conclude the business with the United States, it now 
remains for the General Assembly to make the requisite 
appropriation of public securities, and to assign funds whence 
the other expences may be drawn. 

1788, Septr. 



An Estimate of the expence that may probably attend the 
business of the Lake Erie Lands, if it should be directed to 
purchase the claim of the Six Nations of Indians. 
Supposed price in various suitable articles amounting 

1000 dollars £375 

Provisions of different kinds 100 

Charges of Waggonage, Boat hire, &c, 150 

Pay of Commissioners, hire of Interpreters, Run- 
ners, &c, 250 

Presents to the Great Men 75 

£950 

— [Penn. Arch., xi, 389, 390. 

In Council, 

Philadelphia, September 8 th , 1788. 
Sir, 

By direction of the Board, I do myself the honor to transmit 
you, for the Consideration of the General Assembly, An Act 
of Congress passed the fourth instant, by which the United 



296 Copies of Documents Relating to the 

States relinquish and transfer to the State of Pennsylvania all 
their Right, Title and Claim to the Government and Jurisdic- 
tion of the Tract of Land on Lake Erie, which the State has 
agreed to purchase of the United States. 

By accounts received from Pittsburgh, a pacific disposition 
is manifested on the part of the Indians, and there is now 
reason to expect a large meeting of the Northern and Western 
Tribes at Muskingum, to hold a treaty with the Continental 
Commissioners. This favorable opportunity ought not, in the 
opinion of Council, to be missed — for altho' the quantity 
of Land in the Triangle purchased from the Board of Treasury 
cannot be ascertained with precision before the necessary lines 
are run agreeable to the Act of Congress of the sixth day of 
June last, yet, as a great part of the Expence attending Treaties 
with Indians is incurred by collecting and furnishing them 
with provisions ; charges which, in this Instance, may be 
avoided. 

Council, therefore, earnestly recommend the appointing 
Commissioners on the part of this State to attend the ensuing 
Treaty for purchasing from the Indians who may appear to 
have just Claims to the same, the whole of the Triangle afore- 
said, as nearly as the bounds of the same may be ascertained 
by the best information which can be now obtained. 
I have the honor to be, 

P. MUHLENBERG. 

Directed, 

Hon. Thomas Mifflin, Esquire, Speaker of the General 
Assembly. 
— [Penn. Arch., xi, 390, 391 ; Col. Bee, xv, 530, 531. 

State of Pennsylvania, In General Assembly, 

Saturday, September 13, 1788, A. M. 
■* * * # 

The Committee to whom was referred the Letter from the 
Vice President and the Supreme Executive Council, respect- 
ing the purchase of the triangular Piece of Land lying between 



Boundaries of the State of New York. 297 

the Western line of New York, the Northern line of Penn- 
sylvania, and part of Lake Erie, * * beg leave to report, 
* •* * * 

That your Committee are of opinion that the purchase made 
by Council is advantageous to this Commonwealth, and should 
be confirmed by this House. 

That it will therefore be necessary to provide adequate Funds 
for complying with the Contract and making the purchase of 
the Country from the Indians, agreeably to the Policy and Jus- 
tice which have ever marked the Conduct of Pennsylvania in 
such Cases. 

That as a Treaty is now about to be held with the Indians 
at Muskingum, it Mali be proper and ceconomical to take 
advantage of this Circumstance to make overtures at least to, 
and if practicable to compleat the purchase of the said Coun- 
try from, the Savages, The Expence and delay of a particular 
Treaty for so small an object will hereby be avoided. 

That in order to ascertain as nearly as might be the quan- 
tity of Land which was the subject of the Contract, your Com- 
mittee requested the attendance of Mr. Ellicot, an intelligent 
person and well acquainted with that Country. But as the 
meridian Line forming the Western Boundary of New York is 
not actually run, 1 the Quantity cannot, with any degree of 
accuracy, be ascertained. On an estimate, calculated on 
the supposed place of the said meridian in a point of the 
Northern Line of Pennsylvania the most favorable to the pre- 
tension of New York, there appear to be about one Million of 
Acres contained within the Boundaries of this Purchase. 
Wherefore your Committee are of opinion that the following 
Resolution be recommended to the Consideration of the House. 

Resolved, That this House accept, on the part of this Com- 
monwealth, the Contract made with the Board of Treasury of 
the United States by the Supreme Executive Council of this 
State, thro' the Agency of the Delegates of this State in 

1 This is a further confirmation of our statement, on page 234, that the 
Revised Statutes are in error in regard to the time, etc., of the erection 
of the monument at the 8. W. corner of the State. — [P. 



298 Copies of Documents Relating to the 

Congress, as mentioned in the proposals of the said Delegates, 
dated the 7th day of July, in the present year, * * 

That the Supreme Executive Council be, and they are here- 
by authorized and fully empowered to take the Necessary Steps 
for purchasing of the Indians — who have just Claims thereto 
the said Tract of Country, and for this purpose to appoint, 
when they may think necessary, two persons as Commissioners 
to negotiate and compleat the said purchase. 

Resolved, That the Supreme Executive Council be, and they 
are hereby authorized and empowered to draw on the Treasury 
of this State for a Sum not exceeding Nine hundred and fifty 
pounds for the purpose of making the purchase of the Indians 
of the said Tract and bearing all Expences of the same, agree- 
ably to an Estimate by the said Council, communicated to this 
House. * * * * 

— [Penn. Arch., xi, 395, 396. 

[In Council.] 

Philadelphia, Wednesday, October 1st, 1788. 

* * * * 
Council taking into consideration the resolution of the Gen- 
eral Assembly, dated September the thirteenth last, authorizing 
and empowering this Board to appoint two persons as Commis- 
sioners, to negotiate and complete the purchase of the triangu- 
lar piece or tract of country lying and being between the 
northern boundary of this State and Lake Erie, from the 
Indians who have just claims thereto. 

Thereupon, 

Resolved, That General Richard Butler and General John 
Gibson, be appointed Commissioners to carry into effect the 
said resolutions so far as circumstances will admit. 

* * * * 

— \Penn. Col. Ree., xv, 553. 



Boundaries of the State of New York. 299 

Instructions to Commissioners. 

In Council, 
Philadelphia, October 2nd, 1788. 

Gentlemen: — You will herewith receive a resolution of the 
Honorable the General Assembly of the thirteenth ultimo, 
together with the several resolutions of Congress, respecting 
the triangular piece of Country which lies adjoining Lake 
Erie and the northern line of Pennsylvania, by which you 
will find that this State is now vested with both right of juris- 
diction and soil. You will likewise receive a commission for 
the purpose of purchasing from the Natives their claim to the 
soil, agreeably to the constant usage of Pennsylvania, as also 
a rough draft of the country in question, laid down by Mr. 
Ellicot, in the best manner he has been able from his present 
knowledge of it. * * 

The Board have great reliance on your prudence, sagacity 
and particular knowledge of these people, as well as a proper 
knowledge of their present disposition from the Continental 
transactions, which one of you have or are now especially 
conversant with. If therefore, you shall find the Indians who 
have just claims in a proper temper or otherwise, you will be 
governed accordingly, * * it is, however, hoped that you 
may be able to dispose the minds of these people, at least to 
appoint delegates to meet at a certain future day and place, to 
finish what you have happily now begin. 

I have the honor to be, 

•* # # 

PETER MUHLENBERG, Y. President. 

General Richard Butler and John Gibson, Commissioners 

for purchasing from Indians, &ca. 

— \_Penn. Col. Rec, xv, 554, 555. 



The following is part of the " commission " above referred to : 
Pennsylvania ss. 

In the name and by the authority of the Freemen of the 
Commonwealth of Pennsylvania. 



300 Copies of Documents Relating to the 

The Supreme Executive Council of the said Commonwealth 
To General Richard Butler and General John Gibson 

Now know ye that we reposing especial trust and confidence 
in your integrity, prudence and ability have nominated consti- 
tuted and appointed you the said Richard Butler and John Gib- 
son our Commissioners giving and granting to you full power 
and authority for and in behalf of the Commonwealth to meet 
with the said Indians and to purchase from them agreeably to 
ancient usage the Tract or Piece of Country before described 
hereby promising to hold valid whatever shall be agreed and 
concluded upon by you our said Commissioners agreeably to 
the said Resolution of Assembly and our Instructions. 

Given in Council * * this third day of October in the 
year of our Lord one thousand seven hundred and eighty eight. 
— [Perm. Arch., xi, 405. 



Philadelphia, Friday, October 10th, 1788. 

The following orders were drawn upon the Treasurer vizt : 
* * * * 

In favor of Benjamin Ellicott, for one pound five shillings, 

in full for his account for making a map 1 of the newly acquired 

territory on Lake Erie, for the purpose of information to the 

Commissioners appointed to purchase the claim of the natives 

to the said territory, according to the Comptroller General's 

report. 

■* # * # 

— [Penn. Col. Pec, xv., 561. 



Philadelphia, Monday, November 3rd, 1788. 

* * * * 

The Vice President and Supreme Executive Council to the 

General Assembly. 

Gentlemen : — We have appointed Richard Butler and John 

Gibson, Esquires, to carry int5 effect, as far as circumstances 

1 This must have been an imperfect preliminary map, as the eastern 
boundary line of the newly acquired territory had not then been run. — [ P. 



Boundaries of the State of New York. &01 

will permit, the resolution of the General Assembly of the 
thirteenth of September last, which authorizes Council to pur- 
chase the tract of country lying between the northern boundary 
of this State and Lake Erie. 

* * * * 

— [Penn. Col. Pec, xv, 582. 

[In Council.] 

Philadelphia, Wednesday, November 12, 1T88. 

* * * * 

A Message from the President and Supreme Executive Coun- 
cil to the General Assembly. 

* * * * 

The following reservations should, in the opinion of Council, 
be made for the Commonwealth, vizt : 

First. Presque Isle, formed by Lake Erie. Second. Le Beuf, 
at the head of the navigation of French Creek ; and Third. 
The lands adjacent to the mouth of Conewango, in the county 
of Allegany. 

— [Penn. Col. Pec, xv, 592, 593. 



In Council, 
Philadelphia November 22nd, 1788. 

Sir : — I have the honor to transmit to you a letter which 
Council received this morning, dated Fort Harmar, November 
the third, 1788, from John Gibson and Richard Butler, 
Esquires, commissioners for purchasing of the Indians the tract 
of country lying on Lake Erie, and lately ceded to this State 
by the United States, together with a list of goods immediately 
wanted for that purpose. * * * 

I have the honor to be, * * 

THOMAS MIFFLIN, President. 

Honorable Richard Peters, Esquire. 
— [Penn. Col. Pec, xv, 605. 



302 Copies of Documents Relating to the 

Council to Commissioners Butler mid Gibson. 
Gentlemen, 

You have inclosed an Invoice of Goods sent you to purchase 
the Indian Claims to the Country adjoining Lake Erie and the 
Northern Line of Pennsylvania. Some of the articles you 
wanted were not to be had ; in the room of them such were 
procured, as in the opinion of Council would best answer 
the purpose for which they are intended. 

iV vv Iv vt* 

Indorsed — Decbr. 8th, 1788. 
— [Penn. Arch., xi, 427, 428. 



December \Mh, 1788. 

SlE, 

Being appointed to run the Line between the western 
boundary of the State of N. York, and the late purchase 
made by this State (of Congress) of a Tract of Country lying 
on the South side of Lake Erie, I shal just mention some 
difficulties which will probably attend the execution of this 
business, — and Ji?'st, because the Point which limits the State 
of N. York to the "Westward, agreeably to the cession made 
by that State, and the State of Massachusetts to Congress in 
the year , lies within the British Settlements on the 

West end of Lake Ontario, it will therefore be necessary to 
obtain leave from the Commandant at Niagara, or the Gov- 
ernor of Canada to go within the British lines to commence 
the business. As this will be a matter of science only, and 
cannot possibly interfere with either their Jurisdiction or 
Property, we may reasonably expect that a proper representa- 
tion made by Authority, will be attended with success. The 
second difficulty will be with the Indians, but as they are par- 
ticularly attached to, and influenced by the Cols. Butler and 
Brandt, I would beg leave to suggest the Idea of obtaining 

their interest by some means or other. 

# * •* 

AND. ELLICOTT. 

Directed — His Excellency Thomas Mifflin, Esqr. 
— \Penn. Arch., xi. 429. 



Boundaries of the State of New York. 303 

Agreement between the Six Nations and Commissioners 

for Lands on Lake Erie, &c, 1789. 
Be it remembered by all whom it may concern : 

That on the ninth day of January, in the year of your 
Lord, one thousand seven hundred and eighty nine, in open 
and public Council, we the undersigned Chief, Warriors, and 
others, Representing the following named Tribes of the Six 
Nations, to wit — The Ondwagas, or Senecas, Cayugas, Tusca- 
roras, Onandagas, and Oneidas ; for and in behalf of our- 
selves, our tribes, our and their Heirs and Successors, on the 
one part — and Richard Butler and John Gibson, Esquires, 
Commissioners for and in behalf of the State of Pennsyl- 
vania, (Onas) on the other part, did make and conclude upon 
the following articles, viz. : 

ARTICLE 1st. 

That as soon as these articles are signed, interchangably by 
the aforesaid Chiefs and Commissioners, the said Chiefs will 
execute a Deed of Conveyance to the State of Pennsylvania 
for a tract of Country as hereafter shall be described. 

ARTICLE 2nd. 

The signing Chiefs do acknowledge the right of the soil and 
jurisdiction to, in, and over that tract of Country bounded on 
the South by the North line of the State of Pennsylvania, on 
the East by the West boundary of the State of New York, 
agreeable to the cession of that State and the State of Massa- 
chusetts to the United States, and on the North by the Margin 
of Lake Erie, including Presque Isle and all the Bays and har- 
bors along the margin of said Lake Erie, from the West boun- 
dary of Pennsylvania to where the West boundary of the State 
of New York may cross or intersect the South margin of the 
said Lake Erie. * * 

ARTICLE 3rd. 

The said Chiefs. do agree that the said State of Pennsyl- 
vania shall and may at any time they may think proper, sur- 
vey, dispose of and settle, all that part of the aforesaid Country 



304 Copies of Documents Relating to the 

lying and being West of a line running along the middle of 
Conawago river from its confluence with the Allegany river 
into the Chadochque Lake, thence along the middle of the 
said lake to the North end of the same, thence a meridian line 
from the North end of the said lake to the margin or shore of 
Lake Erie. * * * * 

ARTICLE 5th. 

That as several villages belonging to the signing Chiefs and 
their people are now living on the said Conowaga creek and 
in other parts of the country supposed to be within the tract 
of country West of the West line of the State of New York 
and East of the line through the Waters as described in the 
third Article — And as they have no country to remove to from 
where they now live, the said chiefs do reserve for their own 
and their people's residence, hunting and fishing, all that part 
of the tract of Country described in the second Article, passing 
from the Allegany river along the middle of the Conowago 
creek, the Chadochque Lake and a meridian line from the 
North end of said lake to Lake Erie. * * 

ARTICLE 7th. 
The said Richard Butler and John Gibson, Esquires, * * 
do agree to the aforesaid articles * * and * * that the 
aforesaid Chiefs and the people of their tribes, shall have full 
and peaceable liberty to hunt and fish within any part of the 
Country first above described, they demeaning themselves 
peaceably towards the inhabitants. But the said Chiefs or 
their successors, shall not at any time hereafter, directly or 
indirectly, lease, rent, or make sale of any part or parcel of 
the tract here Reserved for their Use and Residence, to any 
other State, person or persons. 

In testimony of the above Articles * * 
In presence of Richard Butler [Seal.] 

A r St. Clair, Jno. Gibson [Seal.] 

[and seven others,] Cachunwasse, [Seal.] 

(Seneca.) Or Twenty Canoes, 
[and twenty-two other Indians.] 
— [Penn. Arch., xi, 530-533. 



Boundaries of the State of New York. 305 

To the Honorable the Delegates in Pennsylvania. 

Gentlemen, 

In Council, Philadelphia, Jan. 23, 1789. 

Andrew Ellicott Esquire who is appointed by the Geo- 
grapher General 1 of the United States to run the line between 
the "Western boundary of the State of New York and the late 
purchase made by this State of Congress of a Tract of Land 
lying on the south of Lake Erie, has applied to the Executive 
Council of this State, stating some difficulties which he appre- 
hends may probably attend the execution of that Business. 

Council have thought it expedient previous to their taking 
any measures to expedite the completion of this work, to 
write to the delegates to know what steps or if any have been 
taken by Congress to obtain leave from the Governor of Canada 
or the Commandant at for the Geographer General, 

or any person under his appointment to go within the British 
settlements or lines to make the necessary observations to 
enable him to begin and carry into execution the laying off the 
Tract of Country aforesaid. 

* * * 

GEORGE ROSS, V. P. 
— [Penn. Arch., xi, 537. 



New York, 26th Jan'y, 1789. 
Sir, 

I had the honor of writing you a very few lines shortly after 

my arrival [at New York]. Mr. Gorham having arr'd since, 

we have five states, and every reason to expect there will be 

seven in a week or ten days. 

* * * % 

In conversation last Night with Mr. Gorham, I find he and 

Mr. Philips, who purchased of Massachusetts, all the lands 

1 Thomas Hutckins, appointed by Congress " geographer to the Southern 
army," May 4, 1781, and "geographer to the United States of America," 
July 11, 1781 ; re-appointed, May 27, 1785, and May 26, 1788. Simeon De 
Witt was "appointed geographer to the army," Dec. 4, 1780, and after Mr. 
Hutehins' appointment,. seems to have been "geographer to the northern 
army," etc. — [ P. 

39 



306 Copies of DocmiENTS Relating to the 

between the line of pre-emption and the western bounds of 
New York are of opinion that the words of the New York 
cession to Congress do not operate a transfer of the lands east 
of Erie to Congress, and of course that the jurisdiction remains 
in New York and that the property is vested in them under 
the grant of New York to Massachusetts — 'Tis certain that 
the grant or cession of New York discovers a considerable 
deficiency of Geographical information, which you will easily 
see, Sir, by recurring to it. The substance is that New York 
is to continue her South line along our North line to the end 
of the latter and so far oeyond it as to throw a particular part 
of the Western waters (the western Bend of Lake Ontario,) 
20 miles east of a line to be run from the extremity of the 
South line aforesaid to the 45th degree of N. Latitude. It is 
now ascertained, that the 20 miles east of the place in con- 
templation will be contained within a line that will fall far on 
this side Erie — The question will be, what will be the Con- 
sequence of this geographical Error ? My opinion on a slight 
examination is, that it will leave our purchase good. Mr. 
Grorham seems desirous, if the law proves theirs to sell to 
Pennsylvania, but it is necessary that we remember their 
doctrine deprives us of the Jurisdiction, fur New York most 
probably will not part with it. I think it proper to add 
further that Mr. Gorham raised a question, whether the grant 
of the Jurisdiction to Penns'a by Congress was valid, 'lhese 
loose hints, Sir, upon so important a point are not fit in form, 
at least, for the public Eye, but it is necessary, that you, and the 
other superior characters in our government should be apprized 
of the difficulty which is attempted to be raised. 

The purchase made of the Indians by Mr. Gorham & Co., 
(part of their whole purchase of the state) begins at our 82d 
mile stone, and runs along our N. line to the 124th, and then 
runs due N. to the great Fork of the Genesee river. * * 

* * ■* 

TENCH COXE. 

[To President Mifflin.] 
— [Penn. Arch., xi, 539, 540. 



Boundaries of the State of New York. 307 

New York, 1st Feb. 1789. 
Dear Sir, 

* As there is not yet a Congress, and there is not 
a certainty of seven states, I would submit, the propriety of 
applying to the Secy, for foreign affairs to write to the Gov- 
ernor of Canada, for permission to enter the British country 
to make the necessary astronomical observations, & for infor- 
mation whether Mr. Ellicott can have the necessary supplies of 
provisions, boats, &c, from the British posts. Mr. Gorman 
[Gorham?] of Massachusetts, who is among the purchasers of 
the cession of property by New York, to that State, is of 
opinion that difficulties might arise if our Geographers name 
(Capt. Hutchins and Jonson) should appear, as he is considered 
by them in the light of an officer leaving their service in time 
of war. 1 * * I find among the papers of Congress an appli- 
cation from Capt. Hutchins to them in June last, to take up 
this Business, which would have been done in a few days, but 
when our delegates were prepared, there ceased to be a quorum 
of States. The delay of this matter till the new Govern- 
ment meets, will throw it into the great Mass of objects that 
will go before them. I therefore think it will be very proper 
that we apply to Mr. Jay, if council approve the step without 
the least delay. * * * 

From a variety of very important considerations respecting 
the western Territories of the United States, I would strongly 
recommend to the Government of Pennsylvania, the intersec- 
tion of the County of Northumberland by a land & water 
communication leading to lake Erie this year. This improve- 
ment is in itself so proper and necessary that it should be 
done on that ground alone, but the probable course of Events 

1 Capt. H. was in London at the commencenjent of the Revolution, and in 
1779 was suspected of holding a correspondence with Franklin, then in 
France, for which he was imprisoned six weeks. See Allen's Amer. Biog 
Diet. , article on Thomas Hutchiits. — [P. 



308 Copies of Documents Relating to the 

in the South western country, renders it highly advisable to 
move in it this spring. 



[To President Mifflin.] 
— [Penn. Arch., xi, 542, 543. 



* 
TENCH COXE. 



New York, Febry. 2d, 1789. 
Sir, 

We have been honoured with a communication from the 
Executive Council of the 23d Ultimo. 

The same Ideas were suggested by the Geographer last 

summer, but no measures were adopted by Congress to facilitate 

the completion of that survey. 

* * * 

JAMES R. REID, 

TENCH COXE. 

Directed, — The honourable George Ross, Esquire. 

— [Penn. Arch., xi, 543. 



[In Council.] 
Philadelphia, February 6th, 1789. 
The following draft of a message to the General Assembly 

was laid before Council read and approved, vizt : 

* # * * 

The improvement of the public roads being under the con- 
sideration of the General Assembly, the late purchase of land 
on the south side of Lake Erie will naturally call their atten- 
tion to that quarter. 

A communication between Presque Isle, (which is included 
in that purchase,) and the city of Philadelphia will, in our 
opinion, prove of the greatest utility to the public. 

That communication may be best effected by joining the 
heads of the west branch of Susquehanna with the sources of 
the Allegany river, between which it is said there is a short 
portage ; the most convenient portage from the Susquehanna 
to the Schuylkill has been thought by persons of credit and 

information, to be between the Sweetara and Tulpehoccon. 

* * * * 

— [Penn, Col. Rec, xv, 658, 659. 



Boundaries of the State of Sew York. 309 

Philad'a 23d March, 1789. 

I beg leave to mention to your Excellency & Council that 
Capt'n Abeal, alias the Cornplanter, one of the principal 
Chiefs of the Senneca Tribe of the Six Nations, has been very 
useful in all the treaties since 1784 inclusive, & particularly 
to the State of Penns'a, this he has demonstrated very fully, 
& his attachment at present to the State appears very great. 
This has induced me to suggest to your Excellency and Coun- 
cil whether it may not be good Pollicy in the state to fix this 
attachment by making it his interest to continue it. This 
from the Ideas he possesses of Civilization induces me to think 
if the state would be pleased to grant him a small tract of 
land within the late purchase, it would be very grateful to him 
tfc have that Effect. This may be done in a manner that 
would render him service without lessening his influence with 
his own people or Exposing him to jealousy. The quantity 
need not be large, perhaps one thousand or fifteen hundred 
acres. How far your Excellency & Council may concur in 
this opinion will rest with your Excellency & them. My 
wishes for the quiet & interest of the state as well as the 
merits of the man, has induced me to take the liberty to men- 
tion this matter and hope the notice will be my appology. 

I have the honor to be, 
* •& * 

PJCH'D BUTLER. 

Directed, 

His Excellency, Thomas Mifflin, Esquire, [etc.] 
— [Penn. Arch., xi, 562. 

[In Council.] 

Philadelphia, March 24th, 1789. 
* # * # 

A report from Generals Butler and Gibson, Commissioners 
* * was received and read, together with an Indian deed of 
cession for the aforesaid tract of country, and certain articles 
accompanying the said report. A letter from General Butler, 
relative to a grant of one thousand or fifteen hundred acres of 



310 Copies of Documents Relating to the 

land from the Commonwealth to the Cornplanter, a chief of 
the Seneca Nation, in consideration of his services to the State, 
was also received and read ; * * * 

— [Penn. Col. Rec, xvi, 36. 



State of Pennsylvania, In General Assembly, 

Tuesday, March 24th, 1789, A. M. 
* * * * 

The committee on that part of the message of Council which 
respects reservations of certain lands for the use of the state, 
report the following resolution, viz* (which was adopted) : 

Resolved, That the Supreme Executive Council be author- 
ized aud requested * * to direct locations to be made and 
surveyed for the use of the Commonwealth of lands at Presque 
Isle formed by Lake Erie, at le Boeuf, at the head of the 
Navigation of French Creek, at the mouth of Conewangoo, in 
the county of Allegheny, and at the Fort of Vinango, not 
exceeding at each place three thousand acres. * * 

And that Council also be, and they are hereby requested 
to set apart and cause to be surveyed the "quantity of fifteen 
hundred acres in the tract or country on Lake Erie, lately pur- 
chased from the United States, for the Use of the Seneca Chief, 
called Captain Abeal or the Cornplanter, to be granted to him 
and his Heirs and Assigns for ever in consideration of his per- 
sonal merit and attachment to this State. 

— [Penn. Arch., xi, 566, 567. 

Mr. John Adlum was appointed by the Surveyor General 
of Pennsylvania, pursuant to resolution of Council, to survey 
the aforesaid reserved lands, tor the expense of which no pro- 
vision had been made. 

— [Penn. Arch., xi, 576-7 ; Penn. Col. Pec, xvi, 66, 161. 

For a statement of the expenses and charges of commis- 
sioners Butler and Gibson, report of auditing committee in 
relation thereto, and payment of same, see Penn. Arch., xi, 
588-9, 91, and Penn. Col. Rec, xvi, 95, 177. 



Boundaries of the State of New York. 311 

Statement of Account, 1789. 

In Pursuance of an agreement between the United States 
& the State of Pennsylvania * * now that the Survey 
hath been so made and returned, and in virtue of authority 
from his Excellency The Governor of Pennsy'a to me to state 
and adjust the account of the Sum to be paid by the State as 
aforesaid. 

I state the Account Following, viz., 

The Commonwealth of Penrta To the Untied States, Dr. 

For the purchase money of the Territory & Tract of Land 
bounded as follows, * * of which Tract a survey and 
Return hath been made and returned into the office of the 
Secretary of the Treasury according to Resolution of Congress, 
whereby the same is found to contain 202,187 acres, which at 
f of a Doll'r per Acre payable according to the terms of the 
Contract in Certificates of the Debt of the United States bear- 
ing an Annual Interest of 3 per Centum is, 15 1,640 J Doll'rs. 

Signed, 

JNO. NICHOLSON. 

in behalf of Penn'a. 
— \_Penn. Arch., xi, 655. 

[In U. S. House of Representatives.] 

Monday, July 6, 1789. 

A petition of Andrew Ellicott was presented to the House, 
and read, praying that money may be advanced to defray his 
expenses, and to enable him to execute an act of the late Con- 
gress for determining the "Western boundary of the State of 
New York, and to ascertain the quantity of land lying West 
of said boundary, and included between the Northern bound- 
ary of the State of Pennsylvania and Lake Erie. 

Ordered, That the said petition be referred to Mr. Page, 
Mr. Scott, and Mr. Baldwin ; that they do examine the matter 
thereof, and report the same, with their opinion thereupon, to 
the House. 



312 Copies of Documents Relating to the 

Thursday, July 23, 1789. 

* # ■* # 

Mr. Page, from the committee to whom was recommitted 
the report on the memorial of Andrew Ellicott, made a report ; 
which was read and ordered to lie on the table. 

* * * * 

Monday, August 10, 1789. 

* * * * 

The House proceeded to consider the report of the commit- 
tee, on the memorial of Andrew Ellicott, which lay on the 
table ; and, the same being amended to read as followeth : 

" That the survey directed by Congress in their act of June 
6th, 1788, be made and returned to the Secretary of the Treas- 
ury, without delay ; and that the President of the United 
States be requested to appoint a fit person to complete the 
same, who shall be allowed five dollars per day, whilst actu- 
ally employed in the said service, with the expenses necessarily 
attending the execution thereof: " 

Resolved, That this House doth agree to the said report. 

Ordered, That the Clerk of this House do carry the said 
resolution to the Senate, and desire their concurrence. 

* * •* ■* 

[In U. S. Senate.] 

Wednesday, August 19, 1789. 

* * * * 
Agreeably to the order of the day, the Senate proceeded to 

the consideration of a resolve of the House of Representatives 
of the 10th of August, * * * 

And, on motion " that the consideration of the resolution 
be postponed to such time in the next session of Congress, as 
that the legislature of the State of New York may be afforded 
an opportunity of interposing their objections : " 

it passed in the negative. 

On motion to insert or 'persons,' after the word 'person.' 

It passed in the negative. 



Boundaries of the State of New York. 313 

On motion to insert " by and with the advice and consent 
of the Senate,' after ' President.' 
It passed in the negative. 
And, on the main question, 

Resolved, That the Senate do concur in the said resolution. 
* * * * 



New York, 4:th September, 1789. 
Sir. — In pursuance of the orders of the President of the 
United States, I have the Honor of transmitting to your 
Excellency herewith enclosed, a Copy of an Act of Congress 
of the 6th June 1788, and of a concurrent Resolution of the 
Senate and House of Represenatives, (passed by the latter on 
the 10th, and concurred in by the former on the 19th August 
last.) In pursuance of a Request contained in this Resolution, 
the President has been pleased to appoint Andrew Ellicott to 
compleat the Survey therein mentioned, who will begin that 
work on the 10th Day of October next ; and I am directed to 
give your Excellency this information, in Order that the State 
of New York may if they think proper, have Persons attend- 
ing at the time. 1 

•**■•* 

JOHN JAY. 
[Secretary of foreign Affairs.'] 

His Excellency George Clinton, Esquire, Governor of the 

State of New York. 
— [Clinton Papers, MS., in State Library, JSfo. 6044. 



Philadelphia, Sept. 11th, 1789. 
Sir, 

In executing the Survey to be made on Lake Erie, I shall 
stand in need of two Surveying instruments, and a small 
Quadrant, 2 the property of this Commonwealth : If they should 

1 Wc find no record of any sucli appointment. — [ P. 
8 Perhaps the Hartley's Quadrant mentioned on page 247; see, also, page 
261. — [P. 

40 



314 Copies of Documents Relating to the 

not be otherwise engaged, I shall esteem it a particular favour 
to have the loan of them, on the above occasion. 

■* * * 

ANDREW ELLICOTT. 

Directed, 

To His Excellency, The President, of the Supreme Execu- 
tive Council, Pennsylvania. 

— [Penn. Arch., xi, 612. 

[In Council.] 

Philadelphia, Wednesday, September 16th, 1789. 
■* * * * 

Resolved, That the request of Mr. Ellicott be complied 
with, and that David Rittenhouse, Esquire, be directed to 
furnish him with the said instruments, taking a receipt to return 
them when required. 

* ->:- * * 

— \Penn. Col. Bee, xvi, 161. 



Philadelphia, Sept. 22nd, 1789. 
Sir, 

As the State of Pennsylvania by its purchase of the United 
States, of a Tract of Country lying on the South side of Lake 
Erie, has become interested in the Execution of the survey, 
so far as it relates to the Quantity of Land, I would therefore 
just suggest the Idea of some person being authorized to attend 
on behalf of the State. — I shall leave this City about the last 
of this week, and proceed to Niagara in order to execute my 
commission on behalf of the United States. 

* * * 

ANDREW ELLICOTT. 

Directed, 

His Excellency Thomas Mifflin, Esq. 
— [Penn. Arch., xi, 615. 



Boundaries of the State of New York. 315 

Philadelphia, June 3d, 1790. 
Gentlemen, 

In order to satisfy the Indians, and insure safety to myself, 
and party, in the execution of the resolve of Congress of June 
6th, 1788, I think it will be necessary to have a copy of the 
Deed given by the Senecas, to Messrs. Butler, and Gibson, 
Commissioners on behalf of the State of Pennsylvania, for 
certain land lying on the South side of Lake Erie, and west 
of the Conawango River, and the Carrying place between Lake 
Chaughtaughque, and Lake Erie. 

* * * 

ANDREW ELLICOTT. 
Directed, 

His Excellency, The President and Supreme Executive 
Council, Pennsylvania. 

Indorsed, 

1790, June 3d. From Andrew Ellicott, Esq. Read in 
Council June 4th, 1790, and agreed to grant the request. 
— \_Penn. Arch., xi, 704. 



Pittsburg, November 6. 
Extract of a letter from Andrew Ellicott, Esq., to his friend 
in this town, dated Presque Isle, October 11, 1790. 

" I yesterday completed the survey 1 of the territory annexed 
to' the State of Pennsylvania, after much difficulty and hard- 
ship. The land contained in this survey is generally good, and 
from its peculiar situation an important object to the state. 

The Indians did not appear to be well disposed towards 

the execution of our business, but after a treaty, and receiving 
some small presents, accompanied with rum and tobacco, per- 
mitted us to go on. 
— [Albany Gazette, Nov. 29, 1790. 

1 It appears on page 313, ante, that the survey was to be begun Oct. 10, 
1789; and from the above statement, that it was completed one year from 
that day. — [P. 



316 Copies of Documents Relating to the 

Frederick Saxton went with him [Andrew Ellicott] in behall 
of Phelps & Gorham, * * who had purchased the Massa- 
chusetts pre-emption claim to Western New York. 

* * * * 

It was while making the traverse of the Canadian side of the 
Niagara River, in 1790, that Andrew, Joseph and Benjamin 
Ellicott, first saw the Falls of Niagara ; and that Joseph and 
Benjamin, as the assistants of Andrew Ellicott, made the first 
actual measurement of the entire length of Niagara River, the 
respective falls of the river from Lake Erie to Lake Ontario, 
the height of the Great Falls, and the descent of the Rapids. 
Andrew Ellicott, in making his report of the survey of the 
boundary line, makes mention of these measurements of the 
river, which have ever since been the acknowledged authori- 
ties in all books giving an account of Niagara Falls. 

The following table exhibits the entire length of the Niagara 
river, and its fall between the Lakes, as stated in the Report 
of 1790. 

Miles. Fall. 
From Lake Erie to the head of the Rapids.. . 20 15 feet. 

From the Rapids to the head of the Falls. 1£ 51 " 

The Great Fall 00 162 " 

From the Falls to Lewiston 7 104 " 

From Lewiston to Lake Ontario 7 2 " 

35| 331 " 

— [Stuart's Biog. of Amer. Engineers, pp. 25-27, as pub- 
lished in advance, in Amer. Railway Review, ii, 82, (1860). 



Fruitless Search for Andrevj Ellicotfs Report on the Survey 
of the Western Boundary of New York. 

Department of the Interior, ) 
Washington, D. C, March 19' A , 1866. ) 

Sir. — Your letter of the 16 th instant, asking for informa- 
tion in regard to the Survey of the western boundary of New 
York by Andrew Ellicott in the years 1789 and 1790, has been 



Boundaries of the State of New York. 317 

received and referred to the Department of State, there being 
no information on the subject on the files of this Department. 
I am, Sir, very respectfully, 

Your ob't servant, 

J AS. HARLAN, 

Secretary. 
D. J. Pratt, Esq., 

Office of Regents of N. Y. University, Albany, iV. Y. 



Department of State, ) 

Washington, March 24, 1866. j 
D. J. Pratt, Esq., 

Ass 1 . Secretary to the Regents of the University 

of the State of New York, Albany, J\ T . Y. 

Sir. — A letter addressed by you, on the 16 th instant, to the 
Hon. Secretary of the Interior, making inquiry in regard to a 
report of Andrew Ellicott respecting his Survey of the Western 
Boundary, made in 1789-'90, has been referred to this Depart- 
ment. On examination, it is found that no copy of that report, 
either in manuscript or in print, is in possession of this 
Department. 

I am your obedient servant, 

WILL. H. SEWARD. 



Treasury Department, 
[Washington] 14-th September, 1866. 

Sir : — I have to acknowledge the receipt of your letter of 
the 12 th Instant, requesting that search should be made among 
the records of this Department for the report of Andrew 
Ellicott, U. S. Surveyor General to President Washington, on 
the Determination of the Western Boundary line of the State 
of New York during or about the year 1790; including also 
the survey of the "Lake Erie Triangle." 

In reply, I am instructed by the Secretary to inform you 
that enquiry was made at the State Department, to which 



318 Copies of Documents Relating to the 

your previous letter of March last was referred ; and, after 
another search this morning, it is believed the original return 
has been found, a copy of which will be transmitted to you 
from that Department. 

Very respectfully, 

J. F. HARTLEY, 

AsstK Secretary of the Treasury. 
D. J. Pratt, Esq., 

Ass 1 . Secretary to the Regents of the University 
of the State of New York. 



Department of State, ) 

"Washington, September 14, 1866. ) 
D. J. Pratt, Esq., 

A ss\ Secretary to the Regents of the University 
of the State of New York, Albany, N. Y. 

Sir : — Referring to your letter of the 16 th of March last, 

addressed to the Secretary of the Interior, and by him referred 

to this Department, making inquiry for a report of Andrew 

Ellicott respecting a survey of the western boundary of New 

York, I have now to inform you that a brief report by Mr. 

Ellicott to President Washington of incidents of that survey, 

has lately been found ; and supposing that it may be the paper 

to which your request refers, I herewith transmit to you a 

copy of it. 

I am your obedient servant, 

W. HUNTER, 

. Second Assistant Secretary. 



UNITED STATES OF AMERICA. 
Department of State. 
To all to whom these presents shall come, Greeting : 

1 Certify, That annexed is a true copy of a letter from 
Andrew Ellicott to President Washington, dated January 15, 
1790 ; the original of which is preserved in this Department. 



Boundaries of the State of New York. 31<) 

In testimony whereof, I, William Hunter, Second Assistant 
Secretary of State of the United States, have hereunto 
subscribed my name and caused the seal of the Department 
of State to be affixed. 

DONE at the City of Washington, this fourteenth day of 
September, A. D. 1866, and of the Independence of the 
United States of America the ninety-first. 

L. S. W. HUNTER. 



Philadelphia, Jan v . 15 th , 1790. 
Sir, 

I arrived in this City the day before yesterday, after a 
long and tedious journey from Fort Erie, and have the satis- 
faction to inform your Excellency that so much of the Survey 
on which I was employed, that fell within the Territory of 
his Britanick Majesty is compleated. I find the Geography 
of the Country about the Lakes very erroneous, too much so to 
be even a tolerable guide. The south side of Lake Erie is laid 
down half a degree too far to the South, in the American 
Atlas published in 1776 ; and said to be corrected by Maj r 
Holland, De Brahm, and others. The same Lake is by Hutch- 
ins, and McMurry, placed 20 miles too far north ; similar 

errors attend all that country thro' which I passed A 

corrected Chart of the west end of Lake Ontario, the Strait 
of Niagara, and part of Lake Erie comprehending the whole 
British settlement of Nassau shall be handed to your Excel- 
lency as soon as I come to New- York. 

From certain data, which cannot be materially defective, 
the Sale of Lands made by the United States to the State of 
Pennsylvania will not neat less than thirteen thousand pounds 
specie to the Union, rating Certificates at £ to the pound. 

On my arrival at the Garrison of Niagara on the 21 8t day 
of October last, I was introduced by the Officer of the day, in 
company with Gen. Chapen of Massachusetts, and Mr. Joseph 
Ellicott of Baltimore, to the Commandant Lieu*. Col. Harriss. 
After the introduction I produced my Commission, which the 



320 Copies of Documents Relating to the 

Col. looked over ; and then addressed himself to me in the 
following words. — "Pray Sir what request have yon to make 
from this paper?" (meaning the Commission.) To which I 
replied, " In order to execute the duties of my appointment 
it will be necessary to go into the Territory of his Britanick 
Majesty ; but as you may not be authorized to grant such 
permission, an express has been sent on by our Secretary of 
foreign affairs to his Excellency Lord Dorchester Governor of 
Canada, to obtain this privilege; and if the express has not 
yet arrived, my present request is only that myself and party may 
have the liberty of staying in the Country, with such privileges 
as are allowed to other gentlemen from the United States, and 
wait his arrival." To which the Col. replied " You cannot have 
permission to stay in this Country. You must leave it Sir." 
I then informed him that our going away so precipitately must 
be attended with inconveniency to ourselves, and the present 
expence of the United States, sacrificed to no purpose; and as 
I was confident that the express would arrive with the first 
Vessel, and from a desire to have the business executed with 
all possible dispatch, I should not be very punctilious about 
the privileges; but would willingly be confined to one single 
Acre of Ground, or any other space, and under any restrictions, 
which he himself should prescribe : to which he replied, 
" Your request cannot be granted Sir, you must leave this 
Country, and that with expedition." I then informed him, 
that myself, and companions were much fatigued with a long 
and painful journey, and our Horses broken down with hard 
duty and the want of food ; and that our return home might 
be marked with some degree of certainty, I requested the 
privilege of continuing some few days in the country to refresh 
ourselves and recruit our horses. To which he returned ' ; I 
cannot be answerable for your situation. You are not to con- 
tinue in this country, and if you stay any where in it, I shall 
hear of you, and will take measures accordingly." — I then 
observed to him that I had some Gentlemen in my party, who 
were very desirous to view the falls of Niagara, and as this 
was the only probable opportunity which would ever fall in 



Boundaries of the State of New York. 321 

their way, I requested that their curiosity might be gratified; 
particularly as the falls were not near any of their posts. To 
which he answered " Your Gentlemen cannot be gratified, 
they cannot see the falls, too ninny people have seen the falls 
already." 1 then began to make some observations on the 
common usage of all civilized Nations with regard to matters 
of Science, and natural curiosities; but was soon interrupted 
by the Col. who desired that I " would not multiply words on 
that subject," that he " was decisive and we must depart." — 
He then addressed himself to Col. Butler of the Rangers, 
(who was present), as follows. " Col. it is our Luncheon time, 
will you go and take a cut with us." Then turning to me 
he said " You may retire to the Tavern in the Bottom, and 
purchase such refreshment as you may want; in the meantime 
(pointing to my Commission which lay on the Table) " I will 
take a copy of that paper, after which the Adjutant shall 
return you the original." We were then attended by the 
Officer of the day to the Tavern. — After some consideration 
I thought it best to make one other request to the Commandant, 
which was, that myself, and party might have permission to go 
to the Indian settlement on Buffalo Creek, which is 30 
miles from the Garrison, and in the Territory of the United 
States, and there wait the arrival of the express. This 
request was handed to Col. Harriss by my companion Gen. 
Chapen ; but shared the same fate with the others. — Some 
time after dark the Adjutant waited upon us with the enclosed 
pass, without which we could neither get out of the Garrison 
nor pass the Indian Settlements in our own Country. — From 
the tenor of the pass it appears that the Military jurisdiction 
of the British Garrison at Niagara is extended to the Jenesseo 
River ; but this in my opinion is more fully confirmed by their 
general conduct in that quarter. After leaving the garrison, 
we had five miles to ride to join our party, on our arrival 
we gave immediate orders to have our Baggage prepared, and 
every measure taken for an early movement the next morning ; 
but before we had time to leave the ground, a Lieut. Clarke 
waited upon us, and renewed the orders of the Col., and added 
41 



322 Copies of Documents Relating to the 

11 that the Commandant desired that our departure might be 
attended with expedition." — We left the ground about 9 o'clock 
in the morning, and proceeded to the Jenesseo River, a distance 
of near 100 miles, where we received Lord Dorchester's per- 
mission to execute any part of our business, which might fall 
in the Territory of his Britanick Majesty by an express sent 
on by Cap*. Guion, who had in the mean time arrived at 
Niagara from Quebec. — Although our Horses were unable to 
return, I was nevertheless determined to go on with the busi- 
ness. — We then employed Canoes to carry our Instruments and 
Baggage down the Jenesseo River to the carrying- place, where 
we procured a Boat, and returned up Lake Ontario to Niagara. — 
On our return we were treated with politeness, and attention. 
We entered immediately upon the execution of our business, 
which was attended with uncommon difficulty and hardship. — 
No Horses were to be had in that Country at any price, we 
were therefore under the necessity of employing a greater 
number of men than would otherwise have been wanted which 
has added considerably to the expence. 
I have the Honor 

To be with the greatest 
Esteem your 

Excellences Hb' Servt. 

ANDREW ELLICOTT 

His Excellency 

Geokge Washington Esq — 

President of the United States — 

By John Adolphus Harris Esquire, Lieut Colonel of the 1 st 
Battallion, 60 th Regiment Commanding Niagara &c &c 

Permit the Bearers Andrew Ellicott, Joseph Ellicott, 
Benjamin Ellicott, Jonathan Browns, Isaac Bornet, John 
Sullivan, Israel Chapen and Frederick Seaton [Sexton,] to pass 
from hence without delay and by the nearest Route to the 
Genecies. 



Boundaries of the State of New York. 323 

To all Concerned 

Given under my hand & Seal at Niagara this 
Twenty-first day of October 1789.— 

JN° ADOLP s . HARRIS (Seal) 
Lieut: Col . Com ng Upper Posts 



Payments made for executing the surveys directed by Con- 
gress in their act of June 6, 1788, and a concurrent resolu- 
lution passed the 26th day of August, 1789. 

1790. March 30. To Andrew Ellicott, surveyor — 

Warrant No. 267 1 » 234 . 78 

Aug. 18. To Joseph Howell, junior, agent 

for Andrew Ellicott, surveyor 

—Warrant No. 616 1 , 200 

Dec. 2. To Andrew Ellicott, surveyor — 

Warrant No. 760 200 

1791. Jan. 8. To Andrew Ellicott, surveyor — 

Warrant No. 820 662 

Feb. 17. To Caleb Strong, agent for Israel 
Chapin, for sundry expenses 
incurred by the said I. Chapin, 
under Andrew Ellicott — War- 
rant No. 903 34.32 

April 23. To Andrew Ellicott, surveyor — 

Warrant No. 1032 718 . 75 

4,049.85 

— \JJ. S. Receipts and Expenditures, 1791, j?. 58-.- 



Treasury Department, I 

[Washington], 10 th October, 1866. ) 
Sir. — I have the honor to acknowledge the receipt of your 
letter of the 18 th ult° in relation to a Report by Andrew Elli- 
cott on the Survey of the Western Boundary line of the State 



324 Copies of Documents Relating to the 

of New York in 1790 ; and quoting certain payments from a 
Volume of the U. S. Receipts and Expenditures to the end 
of the year 1791, made for executing the Surveys directed by 
Congress in their Act of June 6 th , 1788, and concurrent Reso- 
lution of the 26 th August, 1789. 

In reply, I have to state that the letter was referred to the 
Department of State where the Report in question should be, 
if in existence ; and the strictest search has been made there 
both among the manuscript and printed documents, and Presi- 
dent Washington's Letters to Congress ; and under every 
conceivable word in all the indices where such a report was 
likely to be found, but I regret to say without success. 

The very extensive Library of Col. Peter Force of this City, 
abounding in scarce and valuable State and United States 
documents, was searched, with the assistance of Col. Force 
himself, but with no avail. Col. Force is the Compiler of the 
American Archives. 

Search also has been made in this Department, but unfortu- 
nately with a like result ; and I am afraid the report is beyond 
the reach of discovery. 

Yery respectfully, 

J. F. HARTLEY, 

Ass 1 . Secretary of the Treasury. 
D. J. Pratt, Esq., 

Ass 1 . Secretary of Regents of University 
of the State of New York. 



Buffalo, March 8, 1866. 
D. J. Pratt, Esq. : 

Dear Sir. — I cannot say where the original survey you ask 
for can be found. I think it was made by Joseph Elicott 
under the supervision, perhaps, of his brother Andrew. It is 
known to have been made as follows : * * * 

They went to the head of Lake Ontario, ascertained the 
longitude of the starting point, and commenced a traverse of 
the shore of that lake and run to the Niagara river ; thence 
alono- the west shore of that river to near the upper end, 



Boundaries of the State of New York. 325 

crossed over at Black Rock, and thence followed the southeast 
shore of Lake Erie to the same degree of longitude at which 
they started, and thence south on that longitudinal line to the 
Pennsylvania line. 

As all the surveys and maps of the Holland Company's tract 
are deposited in the office of the Secretary of State, this survey 
may be found there. 

If Andrew Elicott made a report of the survey, that is 
probably in Washington. * * * 

I will endeavor to find a copy of the survey ; and if I do, I 
will send it to you. 

Respectfully yours, 

W. A. BIRD. 



Washington, 28 April, 1866. 
Dear Sir : 

In reply to your favor of the 20 th which I find on my return 
after a few weeks absence — I believe the papers you desire are 
in the possession of the family of (he late Prof. Douglass, 
whose widow is now, I believe, at Batavia, N. Y. I have 
only a letter or two written during the service to which you 
allude, of which copy is at your service if desired.. And w . 
Ellicott always preserved remarkably full notes of all his 
services and such must be in the hands of the Douglass family. 
Mrs. D. was his daughter. I have written to a son of his now 
(in the army) at Columbus, asking whether he can give me 
any information on the subject of your letter, and when I have 
heard from him you shall be further advised. 

And w Ellicott was my grandfather. 

Very respectfully, 

JOS. C. G. KENNEDY. 
D. J. Pratt, Esq., 

Albany, N. Y. 



Geneva, N. Y., Sept. 29, 1866. 
Dear Sir : 

I cannot direct you to the report of Andrew Ellicott referred 
to in your note of the 26 th Inst. 



326 Copies of Documents Relating to the 

Rev d Malcolm Douglas of Windsor Vt. was here this week 
and informed me that he had recently visited John H. 
M c Allister, Optician, Chesnut Street, Philadelphia, & found 
him in possession of valuable papers of the late Andrew 
Ellicott, & thinks that gentleman may be able to give you 
the desired information. 

Very Respectfully, 

CHARLES B. STUART. 
D. J. Pratt, Esq., 

Asst. Secretary, &c, &c. 



Philad a , Oct. 9, 1866. 
My dear Sir : 

I have been indisposed for some days, which has prevented 
me from replying promptly to yours of 2 nd . 

I have no manuscripts of Ellicott's, but I am under the 
impression that our Historical Society had some letters written 
by Andrew Ellicott and probably relating to the subject of 
your inquiry. 

I am sorry to say that owing to the thoughtlessness of a 
former librarian, access to our Archives was granted to ven- 
ders & dealers in autographs, who appropriated to their own 
use many valuable documents & possibly among them Ellicott's 
letters. I shall request our Librarian to make search among 
our Archives. Our manuscripts have never been arranged. 

Was the report you refer to printed ? 

I have written to the venerable Sam'l Hazard who edited 
the " Archives " & who had access to all the papers belonging 
to the State deposited at Harrisburg for information & will 
advise you as soon as I hear from him. 

If I can be of any service to you in this or any other matter 
do not hesitate to call upon me. 

Yours, &c, 

JNO. A. M C ALLISTER. 
D. J. Pratt, Esq., 

Ass. Sec'y, Albany, N. Y. 



Boundaries of the State of New Yore. 327 

Philad a , Oct. 14, 1866. 
My dear Sir : 

* * ■* # 

I have a few lines to-day from Mr. Hazard. He writes 
under date of 11 th . — " The Regents of the University refer to 
" a report and survey of New York in 1790 or 1791 ; as these 
" dates are beyond those of the Archives, I cannot speak with 
" much certainty concerning- them, nor do I recollect of having 
" seen either. There were a number of Maps or Surveys in a 
" drawer in a room between the Secretary's & Clerks which I 
" looked over, but do not recollect now what they were, per- 

" haps that to which you refer may be among them." 

* * # * 

I am under the impression that some of the papers of 
Andrew Ellicott were in the possession of the late Peter S. 
Du Ponceau, for many years President of the American Philo- 
sophical Society. Mr. D. died in this city in 1841 — his 
papers became the property of his son-in-law Garesche, and 
after his decease passed into the hands of a daughter of the 
latter, who contrary to my urgent wishes, sold the greater part 
of them to a rag dealer. I managed to secure a few of them, & 
Mr. Kline our Autograph dealer also some. Mr. D. was a great 
collector of Maps, Surveys & other documents relating to 
lands in your State. His position as Secretary to Mr. Living- 
ston, & as an attorney for foreigners residing here or abroad, 
gave him an opportunity for gathering together material ot 
that character. Mr. D. may have presented some of these 
matters- to the "American Philosophical Society." I shall 
inquire of the Curator. Tt is possible that the Journal may 
be in the Phila da Library — the title may not appear in the 
Catalogue, as many additions have been made to the Library 

since the last edition. I shall see Mr. Smith the Librarian. 

* * * * 

Yours, &c, 

JNO. A. M C ALLISTER. 
D. J. Pratt, Esq., 

Asst. Sec'y Regents of the University, 
Albany, JSf. Y. 



328 Copies of Documents Relating to the 

Geneva, N. Y., October 13, 1866. 
Dear Sue : 

* * * * 

I wrote the Biography of Andrew Ellicott several years ago, 
mainly from data obtained from the late Major D. B. Douglas, 
Gen 1 . J. G. Swift & Dr. Hale President of Hobart College, 
who were near neighbors at the time. I have no recollection 
of seeing the Report 1 you allude to, but believe it authentic, & 
will endeavor to find my original memorandum on my return 

next month. 

* * * * 

Respectfully Yours, 

CHARLES B. STUART. 
D. J. Pratt, Esq., 

Albany, JV. Y. 



Buffalo, JarCy 30, 1867. 
Dear Sir : 

I received from Judge Peacock a few days ago, the enclosed 
manuscript account of his recollections, &c, of the survey of 
the western boundary of this State. Although it sheds no 
new light upon the subject, it may be interesting to you as 
the production of an octogenarian. * * 

I have had diligent search made among the Massachusetts 
records in Boston, without success, for the survey we are 
seeking. 

Yours very truly, 

O.'H. MARSHALL. 
S. B. Wool worth, Esqr. 



Further fruitless correspondence was had, on the subject of 
Andrew Ellicott's missing report, with Mrs. Professor Doug- 
lass, of Batavia, Rev. Malcolm Douglass, of Windsor, Yt., 
and Andrew E. Douglass, of New Haven, Conn. ; George W. 
Holley, of Niagara Falls (having access to the papers of Gen. 

1 See Mr. Stuart's own allusion to the report, in the extract from the 
Biography of Andrew Ellicott, on page 308, ante, as though that report 
were an accessible document. — [P. 



Boundaries of the State of New York. 329 

Porter's family) ; Oliver Phelps, of Canandaigua (grandson of 
the partner of Nathaniel Gorham) ; J. V. H. Clark, uf Man- 
lius ; Isaiah Golding, of Marvin, Chan. Co. ; Hon. Elial T. 
Foote, of New Haven, Conn. ; John Reynolds, of Meadville, 
Pa. ; and Librarian George H. Moore, of the N. Y. Historical 
Society, each of whom kindly replied to the inquiry made, 
without being able to give the information desired. 



An Act to authorize the Governor to compleat the purchase 
of a certain tract of land, lying between Lake Erie and the 
northern boundary of this Commonwealth. 

Whereas, An agreement has heretofore been entered into 
between the United States and this State, respecting the pur- 
chase of a certain tract of land, the property of the said 
United States lying between Lake Erie and the northern 
boundary of Pennsylvania, and the extent and value of the 
said tract of land being now ascertained, it is proper to make 
provision for carrying the said agreement into effect : 

Sect. 1. Be it enacted by the Senate & House of Repre- 
sentatives of the Commonwealth of Pennsylvania in General 
Assembly met, and it is hereby enacted by the authority of the 
same, That the Governor shall be and he hereby is authorized 
and empowered, upon the part of this commonwealth, to do, 
execute and perform, all matters and things whatsoever, which 
shall be necessary for compleating the purchase of the said 
tract of land, according to the terms, stipulations and con- 
ditions of the agreement heretofore made and entered into, as 
aforesaid, between the United States and this State, and there- 
upon to take and receive from the said United States, or any 
person or persons by them in that behalf duly authorised, a 
good and sufficient conveyance and assurance, in fee, simple of 
the said tract of land, in the name and for the use of this 
Commonwealth. 

Approved April the thirteenth, 1791. 
— \Penn. Arch., xii., 89 ; Dallas'* Laws, iii, 75, 76. 
42 



330 Copies of Documents Relating to the 

Gov. Mifflin to Aletfr Hamilton, Sec'y of Treasury of the 

United States. 
Sir. 

On the twenty-eighth of Aug. 1788 the late Board of 
Treas'y of the United States, under a resolution of Congres, 
accepted the proposals which were made to them on the 
seventh of July preceding, by the Delegates in Congress from 
Pennsylvania, on behalf of this State, for the purchase of a 
tract of Land. * * * 

As I understand that the Quantity of Land contained in the 
above mentioned tract, has been ascertained, by actual survey, 
it is proper to inform you, that I am ready on the part of 
Pennsylvania, to comply with the terms of the Contract. 
* * * * 

THOMAS MIFFLIN. 
Philad'a 5th May, 1791. 

— [JRenn. Arch., xii, 90. 

Governor Mifflin to Comptroller General Nicholson. 
Sir, 

I have directed the Secretary to deliver to you, the various 
documents, respecting the contract between the United States 
and Pennsylvania for the purchase of a Tract of Land on 
Lake Erie ; from which, and from the Survey of the Tract, 
deposited in the office of the Secretary of the Treasury ; you 
will be pleased to state and adjust, with the Auditor and 
Comptroller General of the United States, an account of the 
sum, either in Public securities or in specie, which will be 
necessary to discharge the consideration money, according to 
the terms, stipulations and conditions of the agreement ; and 
report the same to me with all convenient dispatch. 
I am, Sir, Your 

Most Obedient Servant, 

THOMAS MIFFLIN. 
Phil'a, 11th June, 1791. 

— [Penn. Arch., xii, 90, 91. 



Boundaries of the State of New York. 331 

Comptroller John Nicholson to Gov. Mifflin. 
Sir, 

Shortly after I was honored with your directions respecting 
the Account of Lake Erie purchase ; I obtained the quantity 
from the Return in the Office of the Secretary of the Treasury, 
and made out and exhibited an Acct. thereof to the Auditor's 
Office. The vacancy therein, prevented anything being done 
therewith — Until a few days past, when upon the Secretary's 
suggestion from you, that they were ready at the Treasury of 
the United States to proceed thereon, I called there, and it 
was determined that the papers should be sent to the Comptr's. 
Office that the matter might be settled without the help of an 
Auditor. * * * 

Your most Obd. Servant 

JNO. NICHOLSON. 
Compt. Genl's Office, Aug. 16, 1791. 

— [Penn. Arch., xii, 93, 94. 

U. S. Secretary of Treasury to Gov. Mifflin. 

Treasury Department, Aug. 22, 1791. 
The Secretary of the Treasury presents his respects to the 
Governor of Pennsylvania, and has the honor to inform him 
that the vacancy in the office of Auditor, is no impediment to 
the adjustment of the affair of the lands with the Common- 
wealth of Pennsylvania. The only source of delay is a differ- 
ence of opinion, concerning the Certificates in which payment 
is to be made ; the Comptroller of the Treasury insisting that 
it ought to be in such certificates as bore interest at the time 
of the contract, and the Comptroller General of Pennsylvania 
offering the funded three per Cents in payment. 

— [Penn. Arch., xii, 9L 

Letters Patent from the United States. 

In the Name of the United States, to all to whom these 
presents shall come. 
WHEREAS, by an act of Congress, intituled "An act for 
carrying into effect a contract between the United States and the 



332 Copies of Documents Relating to the 

State of Pennsylvania," it was provided, that for duly con- 
veying to the said State a certain tract of land, the right to 
the government and jurisdiction whereof was relinquished to 
the said State, by a resolution of Congress, of the fourth day 
of September, in the year one thousand seven hundred and 
eighty-eight, and whereof the right of soil has been sold, by 
virtue of a previous resolution of Congress, of the sixth day 
of J une, in the said year, the President of the United States 
be authorized, on fulfilment of the terms stipulated on the 
part of the said State, to issue letters patent, in the name, and 
under the seal of the United States, granting and conveying 
to the said State forever, the said tract of land, as the same 
was ascertained by a survey made in pursuance of the resolu- 
tion of Congress, of the sixth of June, one thousand seven 
hundred and eighty-eight. 

NOW KNOW" YE, that inasmuch as it appears by a certifi- 
cate from the Comptroller of the Treasury, that the terms 
stipulated on the part of the said State concerning the tract of 
land aforesaid, have been fulfilled, according to the true intent 
and meaning of the said contract. I do by these presents, in 
pursuance of the above recited act of Congress, grant and 
convey to the said State of Pennsylvania, forever, the said 
tract of land, as the same was ascertained by the survey afore- 
said, a copy whereof is hereunto annexed. 

In Testimony whereof, I have caused these letters 
to be made patent, and have hereunto subscribed 
my name and caused the seal of the United 
States to be affixed, at Philadelphia, this third 
[L. S.] day of March, in the Year of our Lord, one 

thousand seven hundred and ninety-two, and of 
the Independence of the United States of 
America the sixteenth. 

G° WASHINGTON. 
By the President, 

TH. JEFFERSON. 
— [Perm, Arch,, xii, 103, 104. 



Boundaries of the State of New York. 333 

Indian Deed. 

Know all men by these presents that we the undersigned 
Chiefs, Wariors & others representing the following named 
tribes of the Six Nations, to wit : The Ondawagas or 
Senecas Cayugas, Susquehannas, Onandagas & Oneidas, for, 
and in consideration of the sum of Four ? [two] thousand 
Dollars to us in hand paid by Richard Butler and John Gibson 
Esqs, Commissioners for and in behalf of the State of Pennsa., 
the receipt whereof is hereby acknowledged, and we, for our- 
selves, our tribes, our & their heirs & successors, [are] 
therewith fully paid & satisfied, have granted, bargained, sold 
and assigned over, and by these presents do grant, bargain 
sell, remise, release [and forever] quit-claim & assign over unto 
the sd. State of Pennsa., all our and their [right,] title, claim 
and interest of, in and to all that tract of Country, situate, 
lying & being within the territory of the United States, 
bounded on the South by the Nortlrn [line or] boundary [of 
the State] of Pennsa., on the East by the Western line or 
boundary of the State of New York, agreeable to an act of 
Cession of the said State of New York, and the State of 
Massachusetts to the United States, and [on] the North by the 
Southern shore or Margin of Lake Erie, including Presq' isle 
and all the Bays [and] Harbors along the shore or Margin of 
the said Lake Erie from the West boundary of the said State 
of Pennsa., to where the west line or boundary of the State 
of New York may cross or intersect the southern shore or 
margin of the sd. Lake Erie. To have and to hold the said 
tract as above described, * * * for ever under and subject 
to the provisions or reservations made and agreed upon in 
behalf of ourselves & our tribes, * * * 

In Testimony whereof, * 

[Signed by Gyantwache, or the Cornplanter, and twenty- 
three other Chiefs, in presence of Arthur St. Clair & others.] 
— [Penn. Arch., xii, 100, 101. 



It appears from the proceedings of a great Indian council 
held at the mouth of the Detroit river, in 1780, two years 



334 Copies of Documents Relating to the 

after the council at Fort Stanwix, that the council at the latter 
place — the chiefs especially * * — were, for the most part, 
opposed to the conclusion of any treaty which did not include 
the Hurons, Ottawas, Shawanese, Chippewas, Delawares, Potta- 
wattamies, and the Wabash confederates, as well as the Six 
Nations, and cover the entire question of boundaries for the 
whole. * * Red Jacket was strenuous upon this point. * * 
But the commissioners would listen to no such proposition ; 
and the Cornplanter, who was an old and wise man, though 
less eloquent than his junior associate, succeeded in giving a 
favorable turn to the negotiation, * * surrendering, by 
necessity, a large portion of the Indian territory within the 
State of New York, but yet retaining ample ranges of the 
forest for his own people. But although the result of the 
negociation was more favorable to the Six Nations than they 
had any just right to expect, it nevertheless gave great dis- 
satisfaction to the Indians generally ; and several years elapsed 
before the Senecas became reconciled to it. 

After the conclusion of the treaty, the commissioners engaged 
Cornplanter to make special endeavors to pacify his people, 
the Senecas and others ; as a compensation for which exertions 
a special grant of land was made to him on the Alleghany 
river, within the state of Pennsylvania, on which he resided 
until his death. But his people were not easily reconciled ; 
and they were yet more exasperated at the conduct of Corn- 
planter, when, five years afterward, at the treaty of Fort Har- 
mar, he gave up a still larger portion of their territory. He 
was bitterly reproached for this transaction ; * * his life 
was even threatened — a circumstance to which he referred in 
the pathetic speech to " the Great Counsellor of the Thirteen 
Fires " at Philadelphia, in 1790. * * * 

— [ Stone's Life of Red Jacket, jpp. 130-132. 

[The remainder of Part II, i. e., the final determination of 
the northern, the eastern, and the New Jersey portion of the 
southern boundary lines of the State, will be hereafter prepared 
and communicated to the Legislature.] 



Boundaries of the State of New York. 335 



PART III. 

THE PRESENT CONDITION AND TRUE LOCATION OF THE 
BOUNDARY MONUMENTS, SO FAR AS HAS BEEN 
ASCERTAINED, AND WHAT IS NEEDED TO PRE- 
SERVE OR RENEW THEM. 



Report of the Regents of the University on the Longi- 
tude of the Western Boundary Line of the State of 
New York. 

University of the State of New -York, 1 

Office of the Regents, > 

Albany, March 10, 1866. ) 

To Hon. Lyman Tremain, Speaker of the Assembly : 

Sir. — I have the honor to communicate, through you, to 
the Legislature, the report of Dr. Peters, director of the 
Hamilton College Observatory, on the longitude of the western 
boundary of the State, made under the direction of the Regents 
of the University, by authority of chapter 784 of the Laws of 
1857, and chapter 328 of the Laws of 1858. 

By the same authority the longitude of the following places 
has heretofore been determined : 

Dudley Observatory, Hamilton College Observatory, Syra- 
cuse, Elmira, Buffalo, Ogdensburgh. 

These determinations, made with the highest scientific 
accuracy, correct serious errors in existing maps, and will 
render direct and essential aid in constructing an accurate 
topographical map of the State, the importance of which has 
long been felt. The means placed at the disposal of the 
Regents for longitude purposes are now exhausted. There are 
other points whose position it is important to determine, and 
it is respectfully submitted to the Legislature that a further 
appropriation for this purpose should be made. 



33G Copies of Documents Relating to the 

Though the laws above referred to only directed that longi- 
tudes should be determined, the Regents have also had the 
corresponding latitudes ascertained ; and in the case of the 
western boundary, which is a meridian or line of longitude, 
they fixed on the first monument of that line, near the shore 
of Lake Erie, as the point of latitude to be determined. 

Dr. Peters, in his report, states that he found this monu- 
ment in a very dilapidated condition, and that " such are the 
encroachments of the lake on the shore near which it stands, 
that the site of the stone will soon become a prey to the 
waves, and it seems desirable that a new and durable monu- 
ment, more inland, should be erected to mark the partition 
between the two great States." So important a monument 
should be replaced only by the united action of the States 
whose boundary it marks. It is, therefore, respectfully recom- 
mended by this board, that the Legislature, by joint resolution 
or otherwise, direct that arrangements be made with the 
authorities of Pennsylvania for the renewal of the monument. 
* * * * 

Respectfully submitted, 

By order of the Regents, 
JOHN V. L. PRUYN, 

Chancellor of the University. 



* * * * 

In recapitulating, the final result for the position of the 
[original] boundary monument near the shore of Lake Erie is 
therefore : 

Latitude 42° 16' 2".8 North. 

Longitude 79° 45' 54".4 in arc, ) Wegt of Greenwich . 
= 5 h 19 m 3 8 .6.3 in time, j 
This important monument is now in a very bad condition. 
What remains of it consists of a slab four inches thick, two 
feet in length and reaching about one foot above the ground, 
with its longer faces placed parallel to the meridian (s. sketch 
on Plate I). The upper portion, which once contained the 



Boundaries of the State of New York. 337 

inscription, is evidently cut off by wilful destruction. But a 
greater danger even is threatening these remnants by the inroad 
of the lake. Squire Mann, who formerly owned the adjacent 
lot, and to whom I am indebted for much valuable information 
about the locality, stated that within his recollection the dis- 
tance from the stone to the edge of the bluff, upon which it 
stands, was several rods, while now it is only seven feet. 
It must be expected therefore, that within a few years the site 
of the stone will become a prey of the waves, and it seems 
desirable that a new and durable monument, more inland, be 
erected to mark the partition between the two great States. 
I remain, with great respect, yours, very obedient, 

C. H. F. PETEES, 
Director of Observatory. 

Hamilton College Observatory, February, 1866. 
— {Assembly Doe's of 1866, vii, No. 191 (incomplete) ; 1867, 
xii, No. 239, #p. 411, 412, 422. 



STATE OF NEW YORK. 

In Assembly, 
Albany, April 11, 1866. 

Resolved, (If the Senate concur), That in conformity with 
the recommendation of the Regents of the University in their 
report on the longitude of the western boundary of the State, 
submitted to the Legislature at the present session, that the 
said Regents be authorized to make such arrangements as may 
be found desirable, with the authority of Pennsylvania, for 
renewing and replacing the monument near Lake Erie, on the 
said western boundary line. 

By order of the Assembly. 

J. B. CUSHMAN, 

Clerk. 



43 



838 Copies of Documents Relating to the 

In Senate, April 16, 1866. 
Passed without amendment. 

By order of the Senate. 

JAS. TERWILLIGER, 

Clerk. 

The preliminary correspondence with the Governor and the 
Legislature of Pennsylvania on this subject, will be found in 
the Perm. Legislative Documents for 1867, vol. i, pp. 945- 
948, and the Penn. Senate Journal for March 28, 1867, pp. 
812, 813. An appropriation of " two hundred dollars, or so 
much thereof as may be necessary," to the surveyor general 
for erecting a more durable monument, further inland, was 
made by the Laws of Penn. for 1867, JVo. 1, Section 75. 
On conferring with the Surveyor General of Penn., it was 
agreed that the Regents should take measures to procure the 
monument, and a contract was executed on the first day of 
May, 1869, with Messrs. Williams, Spelman & Co., of Albany, 
to furnish a block of Quincy granite, eight feet long, two feet 
wide and eight inches thick, properly dressed and inscribed, 
and to erect it at the point on the "Western boundary line 
to be designated, for the sum of four hundred dollars ; which 
contract was duly executed. 



STATE OF PENNSYLVANIA. 

Surveyor-General's Office, ) 
Harrisburg, Sept. 13, 1869. ) 
Hon. John V. L. Prutn, 

Chancellor University of the State of New York : 
Sir. — I am instructed by Genl. J. M. Campbell, Surveyor- 
General of Penn a . to say that if he is unable to meet you at 
State Line Station on the 15 th inst., the bearer William Evans, 



Boundaries of the State of New York. 339 

Esquire, a Surveyor of this Office will represent him in rela- 
tion to the erection of the monument on the State line near 
the shore of Lake Erie. M r . Evans takes with him the 
amount of money appropriated by the 75 th Section of the Act 
of 11 th April 1867 of Penn a . towards defraying the expences 
of procuring & erecting the monument referred to, (two hun- 
dred dollars) which he is instructed to pay over to you or 
other authorized party representing the State of New York. 
I have the honor to be, Sir, 
Very respectfully, 

Your obedient Servant, 

ROBT. A. M c COY. 



UNIVERSITY OF THE STATE OF NEW YORK: 

Office of the Regents, ) 

Albany, January llth, 1870. \ 
* * * * 

The Chancellor, from the select committee on Boundaries, 
stated that the initial monument on the shore of Lake Erie 
was replaced with appropriate ceremonies by the designated 
authorities of this State and of the State of Pennsylvania, on 
the 15th of September last, and submitted a copy of ' the 
memorandum of proceedings had at that time, and which is in 
the words following, to wit : 

STATE OF NEW YORK: — STATE OF PENN- 
SYLVANIA, 
State Line, September 15th, 1869. 

The undersigned, duly authorized for that purpose by their 
respective States, do hereby certify, that on the day above 
named, they attended at the monument placed on the margin 
of lake Erie, which marks the boundary line between the said 
States, and witnessed the erection of a new monument in place 
of the original monument now dilapidated, at a point distant 
four hundred and forty feet due south from the original inonu- 



340 



Copies of Documents Relating to the 



rnent ; which new monument is of Quincy granite, about two 
feet wide and about eight inches in thickness, and has on the 
east and west faces thereof a copy of the inscription on the 
corresponding faces of the original monument as stated in the 
archives of the two States, and on the north and south faces 
thereof the following inscriptions respectively : 



(North face.) 
1869. 

LATITUDE OF THIS STONE, 

42° 15' 57" 9. 

LONGITUDE, 

79° 45' 54" 4. 

VARIATION, 
2° 35' W, 



(South face.) 
1869. 
Erected by the States of New 
York and Pennsylvania, 440 
feet south of a monument 
now dilapidated, on which 
were the inscriptions on the 
east and west faces of this 
monument. 



That the said new monument was placed in all respects to 
our satisfaction, and at the joint expense of the said two States, 
as authorized by their respective Legislatures. 

In witness whereof we have set our names to duplicate 
copies hereof at the State line aforesaid, on the day and year 
first above mentioned. 



On the part of the 

State of Pennsylvania : 
WILLIAM EYANS, 
For J. M. CAMPBELL, 

Surveyor- General 
of Pennsylvania. 



On the part of the 

State of New York : 
JOHN V. L. PRUYN, 

Chancellor of University. 
GEO. R. PERKINS, 

Com. of the Regents. 
S. B. WOOLWORTH, 

Secretary of the Regents. 
GEO. W. PATTERSON. 



— [Regents' Minutes (printed), iii, 22, 23 ; 84£A Regents' 
Report, 1871, pp. x, xi. 



Boundaries of the State of New York. 



341 



The following is a copy of the inscriptions on the original 
monument, which seem to have been heretofore preserved 
only in the Pennsylvania Archives, and a reprint therefrom 
in N. Y. Assembly Docs, of 1867, vol. xii,^?. 420, 421. 



[ On the east side : ] 

MERIDIAN 
OF THE WEST END OF 

LAKE ONTARIO 

STATE OF NEW YORK. 

18 MILES AND 

52.5 CHAINS FROM 

THE NORTH BOUNDARY 

OF PENNSYLVANIA, 

AUGUST 23 d , 

1790. 

— \_Penn. Arch., xi, Ma}) facing page 104 



[ On the west side : ] 

TERRITORY 

ANNEXED TO THE STATE 

OF PENNSYLVANIA, 

NORTH 

LATITUDE 42° 16' 13" 

VARIATION 25 

WEST. 



UNIVERSITY OF THE STATE OF NEW YORK: 
Office of the Regents, 

Albany, Sept. 30, 1869. 
To the Supervisors of County : 

The Regents of the University have been charged by the 
Legislature with the duty of inquiring into the condition of 
the monuments on the boundary lines of the State. They 
have recently, in co-operation with the authorities of Pennsyl- 
vania, replaced the original initial monument near Lake Erie, 
on the western boundary, by a substantial granite monument. 

In the further discharge of the duty assigned them, the 
Regents respectfully ask the aid and co-operation of your 
Board. The subject appeals specially to the interests of the 
counties on the line of such boundaries, and the Regents 
presume that the Supervisors of the towns adjoining the lines, 
will be able to furnish important information on the subject. 



342 Copies of Documents Relating to the 

[For Counties east of Delaware [For Counties west of Delaware 

River.] River.] 

Milestones were placed on Milestones (or posts) were 
the southern boundary line of placed on the southern bound- 
the State, of which the south- ary line of the State, of which 
ern boundary of your county is the southern boundary of your 
a part, in connection with the county is a part, in connection 
original survey, and were nura- with the original survey, and 
bered from the Hudson river were numbered from the Del- 
westward, to the Delaware, a ware river westward, the 90th 
distance of forty-eight miles. stone standing on the western 

side of the south branch of 
the Tioga river, and the 225th 
near the south-western corner 
of the State. 

The Regents desire information on the following points : 

1. The condition of the milestones (or posts) on the line of 
your county ; their distances respectively from the nearest 
highway ; and whether they are easily accessible. 

2. "Whether any of these milestones need to be renewed ; 
and, if so, whether stone of durable quality can be procured 
in the vicinity, and at what price. 

3. Whether any conflict of jurisdiction, or of title to land, 
has arisen from uncertainty in regard to such boundary line. 

4. Information on any other points bearing upon the sub- 
ject, which may be deemed important. 

The Regents purpose to communicate to the Legislature at 
its next session, such facts as the} 7 may be able to collect, and 
they therefore respectfully ask the action of your honorable 
Board at an early day. 

It is expected that the authorities of Pennsylvania will 
co-operate with those of New York in restoring dilapidated 
milestones. 

Several copies of this circular are herewith enclosed, for the 
use of the supervisors of towns bordering on the State bound- 
ary line. 

By order of the Regents, 

S. B. WOOLWORTH, Secretary. 



Boundaries of the State of New York. 343 



i 



Board of Supervisors, Orange County, 
Goshen, Orange Co., N. Y., November 15, 1869. 
S. B. Woolworth, Esq. : 

Dear Sir. — Your circular letter of Sept. 30, 1869, was just 
read by the Clerk to this Board in reference to milestones 
between towns of this County and the State of New Jersey. 
No action has been taken in the matter, and I doubt whether 
there will be unless the expense is sustained by the University 
or the State. My town (Warwick) borders on N. J. more 
than all others. It is, much of the distance, through a moun- 
tainous region and will take several days to traverse the route. 
Please answer whether you think a Committee should be 
appointed and by whom the expense will be sustained. 

Very truly yours, 

JOHN BURT, 
Board of Supervisors, Goshen, N. 7. 



Mount Hope, Orange Co., 

Dec r 25. 1871. 

S. B. WoOLWORTH, 

Secretary Board of Regents 
N. Y. S. University. 

Dear Sir, 

Acting as Clerk of the Board of Supervisors of Orange 
county at their late Annual Meeting, I happened to notice 
your circular of Sept. 30, 1869 and annexed letter dated Nov. 
8, 1871, inquiring into the condition of the monuments or 
mile stones placed upon the Southern boundary of the State 
from the Delaware to Hudson rivers. 

There was a committee appointed by the Board in 1869, to 
examine and report ; but there the matter ended, as the Com- 
mittee has not reported, or, so far as I can learn, taken any 
trouble to examine. 

At the late session of the Board I made inquiry of the 
Supervisors of the Towns of Monroe, Warwick, Minisink, 
Greenville and Deerpark, and they all stated that their knowl- 



344 Copies of Documents Relating to the 

edge as to the condition of the mile stones on said line was 
quite limited, and they could give me little or no information. 

Since the adjournment of the Board, I have made inquiry 
of one of my neighbors who formerly resided along said 
boundary line in the State of New Jersey, adjoining the Town 
of Greenville. 

He tells me that he had, within a few years, seen four or five 
of the monuments in question, and that one of them was upon 
the farm he occupied. That they were all in a good state of 
preservation and carefully protected where located upon cleared 
ground, and he presumes that they are in similar condition 
throughout. 

It did not occur to me to inquire as to what material or 
kind of stone had been used. If they are of what is called 
" Freestone " and were erected at the time the line was located, 
the action of the elements must have had some effect upon 
them. 

My informant stated, that so far as he had knowledge, the 
line was well known and he knew of no disputes of title or 
conflicts of jurisdiction by reason of any uncertainty as to 
the location of the line. 

Any further or more certain information which I may 
receive will be cheerfully communicated. 

I have the honor to be, Sir, 
Very resp'y yours, 

C. S. WOODWARD, 
Clerk of the Board of Supervisors, Orange Co . 



The following is a copy of the resolution of the Board of 
Supervisors, of Nov. 30, 1869, above referred to: 

Resolved, That a committee of five be appointed to carry 
out the recommendation of the Regents of the University in 
reference to mile stones between the various towns of this 
county bordering on the State of New Jersey ; and report to 
this Board the information called for in the circular letter of 



Boundaries of the State of New York. 345 

the Secretary of said Regents, under date of September 30, 
1869, and read to this Board at the beginning of the present 
session. 

The Chairman appointed as such committee Messrs. Burt, 
Brodhead, Case, Durland and Shuit. 



Lindley, Steuben Co., N". Y., 

Feb. 21% 1870. 
S. B. Wool worth, 

Secretary University State of New York. 

In compliance with a resolution of the Board of Supervisors 
of this County, passed last December, I herewith give infor- 
mation in regard to the condition, &c, of the mile stone 
monuments in the Southern boundary of this town — being the 
boundary line between the State of Pennsylvania and this 
State. The milestones are in a dilapidated condition and 
decidedly too small to be kept permanently in place. The 
size is generally about 16 in. long, and say 6 in diameter. 
They are easy of access, and all should be replaced with larger 
and more substantial Stone. 

There is an abundance of good material for durable monu- 
ments and easy of access and could be furnished, finished and 
placed at a reasonable cost. The 89 th mile stone has been 
moved north about three rods as ascertained by Surveyors 
adjusting their compasses. There has been no conflict in regard 
to jurisdiction arising from uncertainty in regard to boundary 

line. 

Respectfully, 

W M . MORE, Supervisor, 

Lindley ; Steuben Co., N. Y. 



South Troupsburgh, Apr. 20 <A , 1870. 
To the Secretary of the University of New York : 

Sir, — I make this my report as requested in relation to the 
mile stones on state line opposite this Town. I commenced 

44 



346 Copies of Documents Relating to the 

at the South East Corner of the Town and went to the South 
west Corner. 

The Stone in the So. East Corner is No. 107, and in the 
South West Corner is No. 116. I found them in very good 
condition, with the exception of two or three. There is one on 
the Troupscreek road that did stand about forty rods east of 
where it now stands, on the bank of the Creek and was washed 
out and placed where it now stands. On the North side is 
marked 109 m. & 36 chains west, N. Y. On the south 1787, 
Penns a , Lat. 42. 

The road is not over •§■ a mile from the line along here. 
Stone are plenty along the line and can be had for nothing. 
There is not any dispute in relation to the line opposite this 
town. 

I should consider them rather inferior for two such States 
as N. Y. & Penn. The reason I have not reported before is 
on account of snow drifts. 

Any other questions will be readily answered. 
Yours, &c, 

JOHN G. LOZIER, 
Supervisor of the Town of Troupsburgh. 



West Union, Steuben Co., N. Y., Jan. V\ 1870. 
Office of IV. Y. State Regents : 

The Board of Supervisors of Steuben county received a cir- 
cular dated Albany, September 30, 1869, in relation to dilapi- 
dated mile stones, condition of the monuments on the State 
boundary line, &c. As this town is on the line and the action 
of the Board was that an inspection be had and report the 
same to you, I have the honor to submit the following : 

I found the mile stones very rude in construction, just a 
common stone that you would find in the field, stuck one end 
in the ground about one foot above the same, with N. Y. on 
one side and Pa. on the other; and some of them had once 
had the number of miles cut on them, but now they are very 



Boundaries of the State of New York. 347 

much dilapidated what remain. Stone suitable for monuments 
can easily be obtained along through this part of the country 
at moderate prices. No difficulty has arisen on account of the 
line to my knowledge. I would recommend that there be 
new ones erected, &c. 

With great respect, 

I remain yours, &c, 

A. C. BARNEY, 

Chairman of Supervisors, 
and Supervisor of West Union. 



Town of Woodhull, County of Steuben, ) 
State of New York. ) 

Hon. S. B. Woolworth : 

Dear Sir. — In answer to your circular asking for informa- 
tion of the State line bounding Steuben county on the south, 
I state, along that part of said line bounding the town of 
Woodhull on the south, there are two stones in good condition 
near the middle of the township, easily accessible from the 
public roads, both on the Hornby tract of land. Stone if 
needed can be procured without cost. There is no dispute of 
title arising from uncertainty regarding the location of the 
line. The town of Woodhull is six miles along the line, about 
two-thirds being through woods. 

If the services of a surveyor is needed on the line through 
this town or county, I respectfully offer mine, as I have been 
and am now in the business ; satisfactory references of ability 
can be given if required. 

I am yours very respectfully, 

J. S. WARNER, 
Supervisor of the town of Woodhull. 



348 Copies of Documents Relating to the 

Office of the Clerk of the Board of Supervisors, ~| 
Chautauqua County, V 

Jamestown, IS". Y., 25 Jan., 1871. J 
To the Regents of the University, Albany : 

Gents. — I herewith send you field notes, mentioned in the 
accompanying report. 

Respectfully yours, 

E. H. JENNER, 

Clerk. 

In Board of Supervisors, ) 

Chautauqua County, Oct. 14, 1870. ) 

Mr. Ayers, from the Select Committee appointed by the 
Board of 1869, to review the monuments on the State line, 
submitted the following report : 

The undersigned Committee, to which was referred the duty 
of superintending the retracing of the State line, adjoining 
Chautauqua county, for the purpose of ascertaining how many 
of the old land-marks and monuments remain, indicating the 
exact locality of said line, and are in condition to be recognized 
with certainty, respectfully report : 

That for the purpose aforesaid, we have employed Otis D. 
Hinckley, Esq., Surveyor, and that under our direction he has 
completed the said survey and has made his report to us from 
actual survey and measurement of every mile of said line, which 
report shows conclusively that many of the old land marks 
and monuments still remain on the line, sufficient to identify 
with certainty the line as originally located, on both sides of 
the county. 

In consideration of which, your Committee recommend to 
this Board, the propriety of requesting the State authorities, 
as soon as practicable, to take such steps as may be necessary 
for the erection of permanent monuments on said State line, 
on both the the south and west lines of this county. 

All of which, together with the report of the Surveyor, and 



Boundaries of the State of New York. 349 

the field notes and explanations accompanying the same, are 

herewith submitted. 

H. S. AYEKS, 

H. G. MITCHELL, 

Committee. 

On motion of Mr. Ames, 

Ordered, That the report of the Committee on State line 
monuments, be accepted and the Committee be discharged. 

On motion of Mr. Ayers, 

Ordered, That the report and field notes, made by O. D. 
Hinckley, Esq., of the survey of the State line, be placed on 
file in the office of the County Clerk, and a copy of the same 
be sent to the Regents of the University at Albany. 1 

On motion of Mr. Ayers, 

Ordered, That our Members of Assembly from this county, 
and the Senator from this district, be requested to procure an 
appropriation from the State, to reimburse this county for the 
expense of making the survey of the State line, as per request 
of the Regents of the University; and that the Clerk of this 
Board be instructed to procure the amount of such expense, 
and report the same to our members of the Legislature. 2 



The following letter relating to monuments on the Massa- 
chusetts line, was received from the late Professor Albert 
Hopkins, of Williamstown, Mass : 

Williams College, Oct. 19, 1869. 
Dr. Woolworth : 

My dear Sir. — Your note of enquiry has been lying by me 
for a few days, but I have not been prepared to answer it till 
now. 

1 The copy received by the Regents (in the form of an 18mo. Memoran- 
dum Book), has been deposited and catalogued in the State Library, undei 
the title " N. Y. Boundary, Chautauqua Co., 1871." — [ P. 

'The sum of three hundred and ninety-six dollars and fifty-five cents was 
appropriated by Chap. 715 of the Laws of 1871, to reimburse the county of 
Chautauqua for expenses incurred in making the survey of the State line. 



350 Copies of Documents Relating to the 

In the first place there is a monument — a marble pillar or 
post at the N. W. corner of our State, which, of course, forms 
a part of your boundary ; south of this, on eminent points, are 
slabs of slate ; still farther south and near the highest point of 
the Taconic range is a heap of stones, and still farther south 
another bound. Originally the woods were cleared off so that 
one boundary was visible from another. At present these 
bounds are, I think, rather obscure — difficult to be identified 
and even found. Should your Regents conclude to repair these 
boundaries, I would be happy to render them any assistance 
in my power. 

Yours very respectfully, 

A. HOPKINS. 



The necessity of completing the publication of the N. Y. 
Legislative Documents for 1873, without further delay, forbids 
the insertion of additional material in the present report. 

The concluding part of the work will contain an Index of 
the whole. 



*!j 928 ffl 



